Legal Opinion

State ex rel. St. Joseph Bridge Building Co. v. Severance

Supreme Court of Missouri

Decided February 15, 1872PublishedCited by 5 opinions

Petition for Mandamus. It was because of the failure to secure money independent of the city subscription that the modifying ordinance was passed and the original subscription was changed. The city knew that relator could not get money from sources independent of the city, and hence modified its original subscription so that relator might be relieved from the necessity of raising money outside of the city subscription.

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Petition for Mandamus. It was because of the failure to secure money independent of the city subscription that the modifying ordinance was passed and the original subscription was changed. The city knew that relator could not get money from sources independent of the city, and hence modified its original subscription so that relator might be relieved from the necessity of raising money outside of the city subscription. In the face of these facts, for the city now to say that it intended that the relator should, under the modified sub-' scription, be required to provide means independent of…

1Opinion of the CourtWagner, Judge

The petitioner applies for a writ of mandamus to compel the defendant, who is mayor of the city of St. Joseph, to deliver a certain amount of bonds on account of the subscription made by the said city - to aid in the building and construction of the plaintiff’s bridge.

There is no dispute about the power of the city to subscribe, and the facts in the case are agreed upon; and the only question is whether, upon a proper construction of the ordinances authorizing the subscription, and by the terms by which it was made, the plaintiff is entitled to the bonds demanded at this time.

The original…

2Cited by5 opinions

  1. State Ex Rel. Morgan v. KnightMontana Supreme Court · 1926
  2. Territory v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1916
  3. French v. CowanSupreme Judicial Court of Maine · 1887
  4. City of Sylvania v. HiltonSupreme Court of Georgia · 1905
  5. Giménez v. BrenesSupreme Court of Puerto Rico · 1906

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