Gist v. Rackliffe-Gibson Construction Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — How. G. A. Mosman, Judge. (1) The petition did not state a cause of action, (a) The ordinance “fixes” the time at ten months. This is definite and obeys-the mandate of the statute requiring the ordinance to “fix” the time within which such, work shall he completed, etc. Then follows in the ordinance, a proviso clause extending the time (for the completion of the work) under certain conditions that may happen.
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Appeal from Buchanan Circuit Court. — How. G. A. Mosman, Judge. (1) The petition did not state a cause of action, (a) The ordinance “fixes” the time at ten months. This is definite and obeys-the mandate of the statute requiring the ordinance to “fix” the time within which such, work shall he completed, etc. Then follows in the ordinance, a proviso clause extending the time (for the completion of the work) under certain conditions that may happen. Does this proviso nullify the main text? If the proviso is not in harmony with the main text, should not the proviso clause alone he construed as…
1Opinion of the CourtLamm, J.
Coming here from the circuit court of Buchanan county, this case was advanced for hearing In Banc.
St. Joseph is a city of the second class. In 1903 the General Assembly (Laws of 1903, p. 60) passed an act creating a Board of Public Works in cities of. that class and giving such board great power along the line of supervising, grading, paving and cleaning streets and alleys, etc. Section 8 of the act ordains, among other things, that: “The board, of its own motion, if approved by all of its members, may, and upon presentation of a petition, signed by the majority in front feet of the resident…
2Cases cited15 opinions
- People ex rel. Akin v. LoefflerIllinois Supreme Court · 1898
- Tanner v. Lindell Railway Co.Supreme Court of Missouri · 1904
- Keith v. BinghamSupreme Court of Missouri · 1889
- City of Springfield ex rel. Central National Bank v. WeaverSupreme Court of Missouri · 1897
- Allen v. LabsapSupreme Court of Missouri · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- Stack v. General Baking Co.Supreme Court of Missouri · 1920
- Protest of Chicago, R, I. & P. Ry. Co.Supreme Court of Oklahoma · 1929
- City of Joplin v. Joplin Water Works CompanySupreme Court of Missouri · 1965
- Reuter v. Bd. of Supervisors of San MateoCalifornia Supreme Court · 1934
28 more not listed; retrieve them via the Exa API.