Ex Parte Sullivan
Court of Criminal Appeals of Texas
From Tarrant County. Original habeas corpus proceeding asking writ of habeas corpus and discharge of relator under a conviction in the Corporation Court and County Court under city ordinance of the City of Fort Worth; penalty, a fine of $10. The opinion states the case.
1DissentDavidson, Judge
(dissenting).—There are some questions which "ought to be recognized as settled law -with reference to municipal corporations: First, that such corporation is of legislative creation; second, that it can only exercise such authority as has been expressly conferred; third, that such authority must be within constitutional limitation; fourth, that its powers are subordinate to general legislation; fifth, that if there be a doubt of its right to exercise authority or power to act, that doubt must be resolved in favor of the grantor and against the grantee; sixth, that its acts and ordinances…
2Cases cited8 opinions
- Callan v. WilsonSupreme Court of the United States · 1888
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- House v. Houston Waterworks CompanyTexas Supreme Court · 1895
- Jefferson v. AschSupreme Court of Minnesota · 1893
- Galveston & Western Railway Co. v. City of GalvestonTexas Supreme Court · 1897
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