Mister v. City of Kansas
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. T. 4-Gill, J. Statement of case by the court. This is a suit brought by the administrator of John Howling, on a contract by Dowling with the defendant.
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Appeal from Jackson Circuit Court, Hon. T. 4-Gill, J. Statement of case by the court. This is a suit brought by the administrator of John Howling, on a contract by Dowling with the defendant. The defendant, on June 3, 1879, duly enacted the following ordinance: ' “Be it ordained, viz: That the retaining wall along the west side of Bluff street, from its present northern terminus, to the north line of Fifth street, shall be completed of the same material, and in the same manner as that portion thereof already constructed. The work to be completed within 90 days from the time a contract…
1Opinion of the Court
Opinion by
Hall, J.
1. The first and the material question for our determination is, what is the meaning and what is the effect of the above section of defendant’s charter as applied to the • facts of this case. The meaning of that section is unmistakable. It clearly, in substance, provides : 1st. That defendant’s common council shall not' appropriate money for any purpose whatever in excess of the revenue of the fiscal year. 2nd. That said council shall make no such appropriation in excess of the revenue of the fiscal year actually collected and in the treasury at the time of the…
2Cases cited13 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Harlem Gas Co. v. . Mayor, C., of N.Y.New York Court of Appeals · 1865
- Prince v. City of QuincyIllinois Supreme Court · 1882
- Wolcott v. Lawrence CountySupreme Court of Missouri · 1858
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Roberts v. City of FargoNorth Dakota Supreme Court · 1901
- Edwards v. City of KirkwoodMissouri Court of Appeals · 1910
- Henning v. City of CasperWyoming Supreme Court · 1936
- Pryor v. Kansas CitySupreme Court of Missouri · 1899
- Miller v. Jackson TownshipIndiana Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.