Gosselink v. Campbell
Supreme Court of Iowa
Appeal from the Marion District Court. The plaintiff brought an action of replevin against the defendant, to recover possession of certain hogs, taken up when running at large in the city of Pella, on the 13th June, 1856, contrary to -an ordinance of the city. The defendant was marshal of the town, and as such impounded the creatures.
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Appeal from the Marion District Court. The plaintiff brought an action of replevin against the defendant, to recover possession of certain hogs, taken up when running at large in the city of Pella, on the 13th June, 1856, contrary to -an ordinance of the city. The defendant was marshal of the town, and as such impounded the creatures. The cause was submitted to the District Court, on statement of facts, by which it is agreed, that the hogs were the property of the plaintiff, who is a farmer, residing about a mile from the limits of the corporation; that he “had them on his farm,” and…
1Opinion of the CourtWoodward, J.
The only question is upon the validity of the ordinance, for the authority of the marshal depends upon that. As this is a very usual provision in a town or city charter, and as the ordinance is of a very common character, it is not, on first view, altogether apparent, what are the objections intended to be urged against it, and therefore the propositions of counsel will be given as they have advanced them. They say, first, that a corporation has no power to pass by-laws or ordinances which are contrary to the constitution of the State, or of the United States, or to the common law, as it is…
2Cases cited2 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Mayor of New-York v. OrdrenanNew York Supreme Court · 1815
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- Gilchrist v. SchmidlingSupreme Court of Kansas · 1873
- Kelley v. City of MilwaukeeWisconsin Supreme Court · 1864
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