Legal Opinion

Carroll v. City of St. Louis

Supreme Court of Missouri

Decided March 15, 1849PublishedCited by 6 opinions

APPEAL FROM ST. LOUIS CIRCUIT COURT. STATEMENT OF THE CASE. The appellant brought suit to the November term 1848 of the St. Louis circuit court in assumpsit, to recover compensation for legal services rendered as an attorney and counsellor; at law for the defendant, at the request of the then mayor of the defendant.

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APPEAL FROM ST. LOUIS CIRCUIT COURT. STATEMENT OF THE CASE. The appellant brought suit to the November term 1848 of the St. Louis circuit court in assumpsit, to recover compensation for legal services rendered as an attorney and counsellor; at law for the defendant, at the request of the then mayor of the defendant. The bill of particulars were as follows : The city of St. Louis to C. C. Carroll, Dr. 1846. To professional services and attention to two hundred cases before the recorder of St. Louis, of free negroes arrested for being-in the State of Missouri without a license, at one dollar…

1Opinion of the Court

Judge Napton

delivered the opinion of the court.

We do not deem it important in this case to determine, whether the professional services rendered by the plaintiff could have been required of him as city attorney or not. That a portion of the cases fell properly within the duty of the city counsellor is quite obvious. However this may be, we are of opinion that the ordinance which prescribes the duties of these officers, designed to secure the services of one or the other of them in every case where legal services were supposed to be necessary. If the language of the ordinance should be thought…

2Cited by6 opinions

  1. Williams v. Kansas City, Mo.District Court, W.D. Missouri · 1952
  2. Clough & Wheat v. HartSupreme Court of Kansas · 1871
  3. City of Newport v. SchoolfieldCourt of Appeals of Kentucky · 1911
  4. Ryce v. City of OsageSupreme Court of Iowa · 1893
  5. Coleman v. Town of HartfordSupreme Court of Alabama · 1908

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