National Subway Co. v. City of St. Louis
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Tbe city of St. Louis bad a right to contract by ordinance for the payment' of the sum plaintiff agreed to- pay in order.to obtain the necessary consent of the city to the use of its streets, and, hence, the contract so* entered is binding. Charter St. Louis, art 3, sec. 26, clause 2; State ex rel. v. St. Louis, 145 Mo. 551; St. Louis v. Tel. Co., 148 U. S. 105; St. Louis v. Tel.
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Appeal from, St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Tbe city of St. Louis bad a right to contract by ordinance for the payment' of the sum plaintiff agreed to- pay in order.to obtain the necessary consent of the city to the use of its streets, and, hence, the contract so* entered is binding. Charter St. Louis, art 3, sec. 26, clause 2; State ex rel. v. St. Louis, 145 Mo. 551; St. Louis v. Tel. Co., 148 U. S. 105; St. Louis v. Tel. Co., 149 U. S. 468. (2) The provision for the payment to the city of the amount in question, provided for in the ordinance and accepted by…
1Opinion of the CourtMarshall, J.
— This is a controversy submitted without action under section 793, Revised Statutes 1899. The agreed facts are as follows:
“It is hereby stipulated and agreed by and between the plaintiff and defendant herein, as follows:
“1. Ordinance No. 15953 of the city of St. Louis is as follows:
“ ‘An ordinance amendatory of ordinance numbered 14798 of the city of St. Louis, approved February 15, 1889, *322entitled: “An ordinance to provide for tbe laying of electric wires under ground.”
“‘Re it ordained by the municipal assembly of the city of St. Louis, as follows:
“ ‘Section 1. Ordinance numbered 14798 of…
2Cases cited3 opinions
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- Jackson v. EddySupreme Court of Missouri · 1848
- Smith v. ThurstonMissouri Court of Appeals · 1885
3Cited by5 opinions
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- Avis Rent A Car Systems, Inc. v. State Tax Commission of MissouriMissouri Court of Appeals · 1986
- Crawford v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1917
- Star Cash Grocery Co. v. Retailers' Fire Ins. Co.Court of Appeals of Texas · 1928