Nolin v. Mayor of Franklin

12 Tenn. 163

Opinion

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, mountebanks 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.