Mallon v. Board of Water Commissioners
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Walter A. Poioell, Judge. (1) The State has not the power to enter into business for the purpose of furnishing a commodity more economically to the consumer.
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Appeal from Jackson Circuit Court. — Eon. Walter A. Poioell, Judge. (1) The State has not the power to enter into business for the purpose of furnishing a commodity more economically to the consumer. Opinion, of the Justices, 155 Mass. 598, 15 L. R. A. 809; Re Municipal Fuel Plants, 182 Mass. 605, 60 L. R. A. 592. (,2j Municipal corporations can exercise only such power!" ás are: (1) expressly granted, (2) necessarily,or'fairly implied, (3) essential to its declared objects'.a^’purposes; not simply convenient but indispensable. 1 Dillon’s Mnn. Corp. (4 Ed.), sec. 89, p. 145, sec. 92, p. 150,…
1Opinion of the CourtEllison, J.
Plaintiffs, as taxpayers of Kansas Oity, Missouri, filed their bill against defendants, who are the board of water commissioners, the purchasing agent, the treasurer and collector of water rates of such cit-y, whereby -they seek to prevent defendants, or either of them, in their respective official capacities, from purchasing water meters to be installed in residences of water consumers in said city. The prayer of the bill reads as follows:
“Wherefore plaintiffs pray that the defendants be enjoined and restrained from buying water meters for the purpose of re-selling the same and from paying…
2Cases cited8 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Clapton v. TaylorMissouri Court of Appeals · 1892
- State ex rel. Hallauer v. GosnellWisconsin Supreme Court · 1903
- Gordon v. DoranSupreme Court of Minnesota · 1907
- Powell v. City of DuluthSupreme Court of Minnesota · 1903
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3Cited by18 opinions
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- Los Angeles Dredging Co. v. City of Long BeachCalifornia Supreme Court · 1930
- Tobin v. Town CouncilWyoming Supreme Court · 1933
- State Ex Rel. Porter v. Superior CourtWashington Supreme Court · 1927
- Lefebvre v. CallaghanArizona Supreme Court · 1928
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