Legal Opinion

State ex rel. City of Marshall v. Hackman

Supreme Court of Missouri

Decided May 17, 1918PublishedCited by 10 opinions

Mandamus. (1) The city of Marshall has been given direct statutory power, to erect or acquire by purchase, and maintain and operate .an electric light plant. The power is conferred on the city council of any oity,. town or village in the State. R. S. 1909', sec.- 9904. And it is conferred by another statute on cities of the third class and those under special charters and with less than thirty thousand inhabitants.

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Mandamus. (1) The city of Marshall has been given direct statutory power, to erect or acquire by purchase, and maintain and operate .an electric light plant. The power is conferred on the city council of any oity,. town or village in the State. R. S. 1909', sec.- 9904. And it is conferred by another statute on cities of the third class and those under special charters and with less than thirty thousand inhabitants. R. S. 1909, seo. 9914. And by still another section, the power is conferred i by fair implication on any city in the State, which has not more than thirty thousand nor less than…

1Opinion of the CourtBond, J.

I. In this case it is stipulated that the petition for mandamus is to he treated as and for the alternative writ ordered by this court. The object of the suit is to compel the State Auditor to register bonds of the city of Marshall for $75,000, which were authorized at a special election held on June 26, 1916, to raise funds wherewith to build or buy an electric light plant to serve the city and its inhabitants.

The case was referred to a commissioner to take proof and report, which not having been made, a stipulation dispensing therewith and submitting the case on the evidence adduced before…

2Cases cited10 opinions

  1. Bowers v. SmithSupreme Court of Missouri · 1892
  2. State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
  3. State ex rel. City of Memphis v. HackmanSupreme Court of Missouri · 1918
  4. State ex rel. Ewing v. FrancisSupreme Court of Missouri · 1885
  5. State ex rel. City of Dexter v. GordonSupreme Court of Missouri · 1913

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3Cited by10 opinions

  1. Thompson v. City of LamarSupreme Court of Missouri · 1929
  2. State Ex Rel. Floyd v. PhilpotSupreme Court of Missouri · 1954
  3. Boney v. SimsSupreme Court of Missouri · 1924
  4. Long v. Consolidated School District No. 7Supreme Court of Missouri · 1932
  5. Felker v. City of SikestonMissouri Court of Appeals · 1960

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