Miller v. Burch

Citations

• 32 Tex. 208

Syllabus

<p>1—It is well settled that a corporation can exercise no other powers than those-clearly delegated in the act of incorporation, or arising, by necessary - implication, from such delegated powers.</p> <p>3—An ordinance of a town, which is not warranted by its charter, is void, and can furnish no justification to persons acting under its authority.</p> <p>3— A particular trade may constitute a nuisance, when carried on in a populous neighborhood; but the buildings in which it is conducted are not nuisances of themselves, nor liable to be demolished by way of abating the nuisance created by their misuse.</p> <p>4— The property in a house so misused is protected by the constitution from summary sale or demolition hy authority of an incorporation, although the corporation is empowered by charter to remove nuisances.</p> <p>5—Where, as in this case, the nuisance was caused not hy the building itself, but by the uses to which it was put, the demolition or sale of the building was not the necessary or proper mode of abating the nuisance.</p>