Justus R. Fortune vs. City of Tallahassee

Justus R. Fortune vs. City of Tallahassee

Lower Court

  • Leon County

Date

  • 1849

Box

  • 473

Folder

  • 854

Transcript

Argument before this Court, but we think may be noticed under the provision of the statue of Nov. 12. 1828, which render it unnecessary to plead specially private-see Tho Dig 332- The act of incorporation provides, that by their corporate name City of Tallahassee they may sue, and be sued, implead, and do all other acts as natural persons, may purchase and hold real personal and mixed property, and dispose of the same for the benefit of the City- By the second section the government of the city, is vested in a city council composed of an Intendant and eight council men of prescribed qualifications By the 3[rd] section of the act of incorporation, any large powers and authority are vested in the city council and among others the power and authority to prevent and remove nuisances, And generally to provide for the interior police and good government of the city. By the 5[th] section, power is given to said City Council, to levy taxes for the purposes recited in the preceding sections. We were referred to several cases to show that this action will not be all of which will be noticed, The first is the case of Fowler the common Council of Alexandria & Peter S.C.R. pa 398 to 410. In that case the Plaintiffs brought his action on the case, against the Defendant, for damages charged to have been obtained by him, by reason of the in failing to take bond and severity from an auctioneer licensed by there for certain years as alleged contrary to the statutory duty of the said corporations to the declaration a general demurrer was filed, which was sustained, whereupon the