Inhabitants of Butler v. Robinson
Supreme Court of Missouri
Appeal from Pates Circuit Court. — Hon. E. P. Wright, Judge. This was an action begun before a justice of the peace. The statement was as follows : Plaintiff states that it is a corporation duly incorporated under the laws of the State of Missouri, that as such corporation it has full power to pass ordinances regulating the construction of sidewalks within its limits, that on February 26th, 1876, it did, by its board of trustees, pass an ordinance in regard to the repairing…
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Appeal from Pates Circuit Court. — Hon. E. P. Wright, Judge. This was an action begun before a justice of the peace. The statement was as follows : Plaintiff states that it is a corporation duly incorporated under the laws of the State of Missouri, that as such corporation it has full power to pass ordinances regulating the construction of sidewalks within its limits, that on February 26th, 1876, it did, by its board of trustees, pass an ordinance in regard to the repairing and erecting sidewalks in said corporation, that under and by virtue of said ordinance said board of trustees, at a…
1Opinion of the CourtSherwood, C. J.
We are met on the threshold of this cause by two fatal defects in the proceedings instituted before the justice of the peace; The statement is defective in failing to set forth either that the lots mentioned were within the corporate limits of the town of Butler, or that the defendant was the owner of the lots. These are defects which no amount of evidence can supply. They are *194not mere failures in some minor particulars, which evidence^ being introduced, may remedy, but are absolute failures to state a cause of action. Neither the curative powers of our. statute of jeofails, nor the common…
2Cases cited2 opinions
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Weil v. Greene CountySupreme Court of Missouri · 1878
3Cited by10 opinions
- Consumer Contact Co. v. State Department of RevenueSupreme Court of Missouri · 1980
- Bailey v. Kansas CitySupreme Court of Missouri · 1905
- City of St. Louis v. RocheSupreme Court of Missouri · 1895
- Kinney v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1914
- City of Hopkins v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
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