Patton v. Stephens
Court of Appeals of Kentucky
Case 34 — PETITION EQUITY APPEAL FROM KENTON CHANCERY COURT. 1. “ It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily and fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable.” (Dillon on Mun.
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Case 34 — PETITION EQUITY APPEAL FROM KENTON CHANCERY COURT. 1. “ It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily and fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable.” (Dillon on Mun. Cor., sec. 55.) 2. The extradition of criminals under treaty stipulations is provided for by act of congress. (U. S.…
1Opinion of the Court
JUDGE COFEE
delivered the opinion oe the court.
This suit was brought by citizens and tax-payers of the city of Covington to enjoin the payment of a reward offered by the mayor under authority of a resolution of the city council for the arrest of Smith N. Hawes, city treasurer, who was at the time under indictment in the Criminal Court of Kenton County for forgery, and for embezzlement of the funds of the city, and also to enjoin the city from paying the expenses incurred in procuring the extradition of Hawes from the Dominion of Canada.
No action had been taken by the council at the time of…
2Cases cited2 opinions
- Gale v. Inhab'ts of South BerwickSupreme Judicial Court of Maine · 1863
- Lee v. Trustees of FlemingsburgCourt of Appeals of Kentucky · 1838
3Cited by11 opinions
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
- Shipp v. RodesCourt of Appeals of Kentucky · 1922
- Stevens v. St. Mary's Training SchoolIllinois Supreme Court · 1893
- Commonwealth ex rel. Breckinridge v. WiseCourt of Appeals of Kentucky · 1961
- Felker v. Board of County CommissionersSupreme Court of Kansas · 1904
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