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Case No. 5,345.
GEORGETOWN v. CHEW.
[5 Cranch, C. C. 508.]1
Circuit Court, District of Columbia.
Nov. Term, 1838.
MUNICIPAL CORPORATIONS—POWER TO RENT FISH WHARVES.
The corporation of Georgetown has power to rent fish wharves.
Debt [by the mayor, recorder, aldermen, and common council of Georgetown] upon a bond for $2,030, conditioned to pay to the plaintiff the sum of $1,025 for rent of certain fish wharves belonging to the corporation of Georgetown. After oyer of the condition the defendant [Samuel Chew] demurred to the declaration.
R. J. Brent, for defendant, contended that the corporation had no power to rent fish wharves; no such power is given them by their charter; and no corporation can exercise a power not expressly given or necessarily implied from some express power. Ang. & A. Corp. 145, 146.
But THE COURT (CRANCH, Chief Judge, not giving any opinion) instantly overruled the demurrer without hearing Mr. Dunlap, for plaintiffs.
1 [Reported by Hon. William Cranch, Chief Judge.]
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