Le Claire vs. City of Davenport

We were misinformed yesterday as to the decision in this case, which was against the city. It will be remembered that a few years ago, in the case of the City vs. Kelly, for selling meats outside of the markets, the Court decided against the city on the ground that it had no power to compel people to trade at a private market. From this decision, chief justice Wright dissented. Since then, Mr. Le Claire sued the city for $20,000 damages for nonfulfillment of contract in not enacting and enforcing an ordinance prohibiting persons selling meat outside the market. To the petition of plaintiff, Mr. Lane, city attorney, demurred, alledging [sic] that under the decision of the Supreme Court the city had no power to pass such an ordinance. On a hearing of the case in the District Court, Judge Dillon sustained the demurrer. The plaintiff appealed to the Supreme court, on the bench of which only Judge Wright now remains, of those who composed the Court when the former decision was made. On Tuesday the court reversed its former decision, and overruled the demurrer. The cause is thus remanded to the District Court, to be tried on its merits.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Thursday Morning, April 24, 1862, p. 2