Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 118

Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 118

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...and convenience that municipal corporations are so generally and so liberally endowed with power to prevent and abate nuisances. This authority may be constitutionally conferred on the incorporated place, and it authorizes its council to act against that which comes within the legal notion of a nuisance; but-such power, conferred in general terms, cannot be taken to authorize the extrajudicial condemnation and destruction of that as a nuisance which, in its nature, situation, or use, is not such. Speaking upon this subject in a very recent case, where a city, under authority to prevent and restrain encroachments on rivers running through it, c0mmenced summary proceedings to remove a private wharf, Malone v. Willlazns. an eminent judge uses this language: 'But the mere declaration by the city council that a certain structure was an encroachment or obstruction did not make it so; nor could such declaration make it a nuisance, unless it in fact had that character. It is a. doctrine not to be tolerated in this county that a municipal corporation, without any general laws either of the city or of the State, within which a given structure can be shown to "be a nuisance, can, by the mere declaration that it is one, subject it to removal by any person supposed to be aggrieved, or even by the city itself. This would place every house, every business, and all the property in the city at the uncontrolled will of the temporary local authorities.' " Section 37 4. By recurring to the provisions of article 3, section 3, above quoted, it is seen that the "officers" and "agents" of the city are given the power, within the city and for the space of ten miles beyond the city limits, "to enter into and...
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Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • United States
  • English
  • black & white illustrations
  • 1236958950
  • 9781236958952