Alexander v. Town Council
Mississippi Supreme Court
Error to the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. A prosecution against Jacob Alexander, in the name of the Town Council of Greenville, before a justice of the peace of Washington County, based on an affidavit by the town marshal charging the violation of a town ordinance by erecting a wooden building within the fire limits without license, resulted in his conviction, from which he appealed to the Circuit Court, where, on trial by jury, he was again…
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Error to the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. A prosecution against Jacob Alexander, in the name of the Town Council of Greenville, before a justice of the peace of Washington County, based on an affidavit by the town marshal charging the violation of a town ordinance by erecting a wooden building within the fire limits without license, resulted in his conviction, from which he appealed to the Circuit Court, where, on trial by jury, he was again 'convicted; and from a judgment imposing a fine of fifty dollars, and committing him to jail until paid, said Alexander…
1Opinion of the CourtCampbell, J.
The power to establish “ fire limits ” in the town of Green-ville, and to prohibit the erection of wooden buildings therein, although not given in express terms, is by fair implication conferred on the town council by the charter. 1 Dillon on Municipal Corporations, § 338.
The fact that there was no chief of the fire department cannot avail the plaintiff in error, who did not make any effort to comply, as far as he could, with the requirement of the ordinance, but proceeded in utter disrégard of it.
The proceéding for the penalty was properly conducted in the name of the town council, and not…
2Cited by7 opinions
- City of Charleston v. ReedWest Virginia Supreme Court · 1886
- City of Olympia v. MannWashington Supreme Court · 1890
- Riggs v. Hot SpringsSupreme Court of Arkansas · 1930
- Hubbard v. Town of MedfordOregon Supreme Court · 1891
- Sartain v. City of Water ValleyMississippi Supreme Court · 1988
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