Pickett & Mudgett v. Town of Mercer
Missouri Court of Appeals
Appeal from Mercer Circuit Court. — Ho». P. G. Stepp, Judge. (1) By section 6010, Revised Statutes of Missouri, it is provided that the town may open and form public squares. By section 6350 it is provided that towns may contract debts for any of the purposes authorized by the charter. It was under these two sections that the town acted, the purpose being to form a public square.
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Appeal from Mercer Circuit Court. — Ho». P. G. Stepp, Judge. (1) By section 6010, Revised Statutes of Missouri, it is provided that the town may open and form public squares. By section 6350 it is provided that towns may contract debts for any of the purposes authorized by the charter. It was under these two sections that the town acted, the purpose being to form a public square. (2) By the provisions of section 6010 the town is authorized to lay out and open streets and alleys, but the mode of procedure is entirely different from that required in opening public squares. In case of a street,…
1Opinion of the CourtBroaddus, J.
The town of Mercer, defendant herein, is a village in the county of Mercer and incorporated under the provisions of article VI, chapter 91, Revised Statutes. In August, 1901, the board of trustees of the village submitted to the voters thereof a proposition to purchase a tract of land within its limits for use as a public square; and for that purpose to create a debt in the sum of $1,000. The proposition was carried at the election by the requisite majority. In pursuance of the authority conferred by said election, the said board of trustees purchased from the plaintiffs the lands in…
2Cases cited4 opinions
- Rutherford v. TaylorSupreme Court of Missouri · 1866
- Laudman v. IngramSupreme Court of Missouri · 1872
- Winningham v. PennockCourt of Appeals of Kansas · 1889
- Miller v. McCoySupreme Court of Missouri · 1872
3Cited by2 opinions
- J.C. Nichols Co. v. City of Kansas CityMissouri Court of Appeals · 1982
- Neil v. Kansas CityMissouri Court of Appeals · 1916