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

Thing, which by the act of their incorporation, they were authorized or required to do

In the case of Hawthorn the city of St. Louis the only question is, whether the salary of an officer of the corporation can be made subject to an execution against such officer, by a proceeding by garnishment against the City. The Court holds it cannot, and in this particular distinguished between it, being a public municipal corporation, and a private corporation such as Banks insurance companies, and similar corporations 11Mip R.G.D

We do not see that this authority, decides any thing touching the question, of bringing an action on the case against a corporation, for nonfeasance by which any one has sustained a special damage

The case of Edwards to the Union B. of Florida 1 Flo R 136 to 155. is an action of trespass "victims" brought by the plaintiffs and the corporation of the union Bank : The question is there raised whether the action will lie again a corporation, and after an elaborate examination of the authorities, the Court hold the action will brought, but this was an action against a private or money corporation and we must now look to see whether trespass can be maintained against other corporation aggregate, In the case of Riddle vs Proprietors of locks and canals on Merrimack river 7 Mayo: 187. Parsons ch. J delivering the opinion of the Court says "It is one of the maxims of the common law, that a man specially injured by the