Tennessee Supreme Court, 1833

Nolin v. Mayor of Franklin

Nolin v. Mayor of Franklin
Tennessee Supreme Court · Decided March 15, 1833
12 Tenn. 163

Nolin v. Mayor of Franklin

Opinion of the Court

Per Curiam.

The act incorporating the town of Franklin, 1815, ch. Ill, gives the corporation power to enact and pass laws to prevent and remove nuisances. A corporation law was passed, inflicting a penalty of five dollars on any person who should exhibit a stud horse in the town. The defendant was recovered against for the offence. Was this a nuisance within the meaning of the act of incorporation? Keeping hogs in a market town has been so holden; (Salk. 460) as are ale houses, gaming houses, brothels, booths and stages for rope dancers, *164mountebanks and the like. 1 Hawk. P. C. ch. 75, sec. 6. The exhibition of these in the streets would be clear-1y a nuisance; and we think as certainly showing and keeping a stud horse in the town is. The corporation law was warranted by the charter.

J. J. Dozier, for plaintiff in error, i?. C, Foster, for defendant.

Judgment affirmed.

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