Harrison v. City of Columbus
Harrison v. City of Columbus
Opinion of the Court
There are some cases in which municipal governments (cities) may he held liable in damages for the wrongful acts of their officers, hut the case made in the pleading before us is not one of them.
We do not decide (because not necessary) whether there is any mode of appeal from mayors’ courts; but a judgment before one of those courts can only be reviewed in an appellate tribunal, unless their action should prove to be a
The charge of the court is, perhaps, justly liable to criticism, but inasmuch as the judgment could not properly have been for appellant, it is not deemed necessary to review the charge of the court.
The demurrer to the petition should have been sustained.
The “lonely” condition of appellant on being “banished ” one-half mile from where he was in the city, and “ warned ” not to return there again that day, and being reminded of the days of the “ Spanish inquisition,” was a situation indeed unenviable; but there being no law to justify the court, it cannot afford relief in this proceeding. The judgment is affirmed.
Affirmed.
Reference
- Full Case Name
- R. H. Harrison v. City of Columbus
- Cited By
- 13 cases
- Status
- Published
- Syllabus
- 1. Judgment in mayor’s court.—Such judgments can be reversed ' only by an appellate' tribunal. They are conclusive as to matters within their jurisdiction, unless controlled by such tribunal. 2. Liability of city for acts of its officers.—In an action against an incorporated town for acts done by the mayor and city marshal,, held, that for acts done without authority, they would be personally' liable; nor will any action lie against the town for damages for an ■ act within the authority of the city ordinances and done by .the officers of the city. • 3. Mayor’s court—Jury —That plaintiff had been arrested by the, marshal for an offense created by the city ordinances, tried by the mayor’ and before a jury of six men, found guilty and fined, and , that the judgment for fine and costs: had been collected of plaintiff, . . the offense being “disturbance of,the peace,” shows no.cause of action against the city.