State ex rel. City of Joplin v. Wilder
Supreme Court of Missouri
Mandamus. (1) Relator submits that respondent’s first contention, “that the sewers hereinbefore described are not public sewers but are district sewers,” is without merit. To sustain' their point counsel seem to rely upon the case of South Highland and Improvement Co. v. Kansas City, 172 Mo. 523. But an analysis of this case will show that it does not support their position, because it does not decide that a sewer such as ’ contemplated would not be a public sewer.
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Mandamus. (1) Relator submits that respondent’s first contention, “that the sewers hereinbefore described are not public sewers but are district sewers,” is without merit. To sustain' their point counsel seem to rely upon the case of South Highland and Improvement Co. v. Kansas City, 172 Mo. 523. But an analysis of this case will show that it does not support their position, because it does not decide that a sewer such as ’ contemplated would not be a public sewer. Any discussion of what is meant by public sewer was unnecessary to the decision of that case, the suit being one to enjoin Kansas…
1Opinion of the CourtBurgess, J.
The relator, the city of Joplin, filed its petition, asking this court for a writ of mandamus to compel respondent, W. W. Wilder, State Auditor, to register bonds of said city to the amount of $96,000, the respondent having refused so to do upon the ground that said bonds were shown to be invalid by the proceedings leading up to their issuance.
The city of Joplin, as appears from the petition, is a city of the third class. In 1890 a general sewer system was established in said city, since' which time the corporate limits of the city have been extended’, and its population greatly increased. In…
2Cases cited2 opinions
- State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
- State ex rel. City of Bethany v. AllenSupreme Court of Missouri · 1905
3Cited by14 opinions
- State Ex Rel. Board of Fund Commissioners v. HolmanSupreme Court of Missouri · 1956
- State ex rel. School District v. GordonSupreme Court of Missouri · 1909
- State ex rel. Carrollton School District v. GordonSupreme Court of Missouri · 1910
- Blaine v. HamiltonWashington Supreme Court · 1911
- Public Schools v. LaanMichigan Supreme Court · 1920
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