Mayor of Lexington v. Long
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. This was a proceeding commenced by the respondent against the appellant, together witli a number of others, in the mayor’s court of the city of Lexington, in which action the city, under and by virtue of certain ordinances, sought to widen South street sixteen feet, by taking a part of the lots of appellant and the other owners on the north side of said street alone.
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Appeal from Lafayette Circuit Court. This was a proceeding commenced by the respondent against the appellant, together witli a number of others, in the mayor’s court of the city of Lexington, in which action the city, under and by virtue of certain ordinances, sought to widen South street sixteen feet, by taking a part of the lots of appellant and the other owners on the north side of said street alone. A part of defendants appeared in the mayor’s court and made a motion to dismiss the proceeding, because the mayor, Silas Silver, was a party to the action, being owner of a lot on the south…
1Opinion of the CourtNapton, Judge
The maxim that no person should be allowed to act as a judge in his own cause, or a cause in which he is interested, *372is founded on principles of natural justice, and is therefore enforced in the judicial systems of all civilized nations ; but it is a maxim which has its limits, and those limits are determined by the legislative department of the government. Its application may be carried to such refinements as, in the practical administration of justice, would produce the greatest inconvenience without being attended with the slightest benefit. We must therefore look to the statute law to…
2Cited by7 opinions
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- Wheeling v. BlackWest Virginia Supreme Court · 1884
- City of Springfield v. SchmookSupreme Court of Missouri · 1878
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