 | Alabama. Supreme Court - 1877 - 714 pages
...Railroad Co. v. Dunn.] following powers, and no others : First, those granted in express words ; secondly, those necessarily or fairly implied in, or incident...against the corporation, and the power is denied." Dillon Mun. Corp. § 55. The proposed corporate act of which complaint is made, and which the court... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1900 - 840 pages
...is not within the scope of the general powers of municipalities. Dillon lays down the rule that: " It is a general and undisputed proposition of law...against the corporation, and the power is denied. Of every municipal corporation, the charter or statute by which it is created is its organic act. Neither... | |
 | Illinois. Supreme Court - 1911 - 726 pages
...convenient but indispensable. Any fair, reasonable doubt concerning the ex840 — 20 istence of the power is resolved by the courts against the corporation and the power is denied." (City of Chicago v. Blair, 149 111. 310; IVilkie v. City of Chicago, 188 id. 444.) The power to impose... | |
 | John Forrest Dillon - 1873 - 546 pages
...— not simply convenient, but indispensable. Auy fair, reasonable doubt concerning the existence ol power is resolved by the courts against the corporation, and the power is denied. Of every municipal corporation the charter or statute by which it is created is its organic act. Nbither... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1884 - 550 pages
...express words; 2. Those necessary or fairly implied in or incident to the powers expressly granted ; 3. Those essential to the declared objects and purposes...against the corporation, and the power is denied. Of every municipality, the charter or statute by which it is created is its organic act. Neither the... | |
 | Florida. Supreme Court - 1879 - 1096 pages
...positive terms, and any ambiguity of expression will suffice to defeat the presumption of such grant. "Any fair, reasonable doubt, concerning the existence...against the corporation and the power is denied." 1 Dillon's Municipal Corporations, sec. 55. "All acts beyond the scope of the powers granted are void.... | |
 | 1903 - 1116 pages
...besides, while cost may be a criterion, it can hardly be considered an equivalent of value. III. " 'It is a general and undisputed proposition of law...against the corporation, and the power is denied. * * *' i Dill. Mun. Corp. p. 115, § 89. This text is cited with approval by defendants in their brief,... | |
 | Iowa. Supreme Court - 1880 - 818 pages
...Scliallcr. of the corporation. If it were doubtful it would be the duty of the courts to deny the power. " Any fair, reasonable doubt concerning the existence...against the corporation and the power is denied." Dillon on Municipal Corporations, Vol. 1, Sec. 55. AFFIHMKD. BUEEOWS v. WADDELL AND SCITALLEK, 1. Replevin:... | |
 | Isaac Grant Thompson - 1881 - 896 pages
...purpose of the corporation. If it were doubtful it would be the duty of the courts to deny the power. " Any fair, reasonable doubt concerning the existence...against the corporation and the power is denied." 1 Dill, on Mun. Corp., § 55. Judgment affirmed. SMALLEY v. GREENE. (Si Iowa, 241.) Attorney — public... | |
 | 1887 - 956 pages
...anl undisputed proposition of law that a municipal corporation possesses and exercises the folio wing powers, and no others: First, those granted in express...against the corporation, and the power is denied. Of every municipal corporation, the charter or statute by which it is created, is its organic act."... | |
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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 or fairly implied in or incident to the powers... 
