City of St. Louis v. O'Neil Lumber Co.
Supreme Court of Missouri
Certified from St. Louis City Coivrt of Appeals. (1) Tbe amount of $976.11, due McLanewhen he absconded, was a valid legal claim for tbe recovery of which be, McLane, could then have maintained an action against tbe city. Yeats v. Ballentine, 56 Mo. 530; Eyermann v. Cemetery Ass’n, 61 Mo. 489; Ahern v. Boyce, 19 Mo. App. 552; Austin v. Keating, 21 Mo.
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Certified from St. Louis City Coivrt of Appeals. (1) Tbe amount of $976.11, due McLanewhen he absconded, was a valid legal claim for tbe recovery of which be, McLane, could then have maintained an action against tbe city. Yeats v. Ballentine, 56 Mo. 530; Eyermann v. Cemetery Ass’n, 61 Mo. 489; Ahern v. Boyce, 19 Mo. App. 552; Austin v. Keating, 21 Mo. App. 30. (2) A bill, in tbe nature of an equitable garnishment, it is useless to say, is tbe proper proceeding for reaching funds belonging to a debtor in tbe treasury of a municipal corporation, and, when tbe debtor has absconded, so that tbe…
1Opinion of the CourtBkace, J.
This case is certified here from tbe St. Louis court of appeals under section 6 of tbe amendment of tbe constitution adopted in 1884.
Tbe statement of tbe case made by Judge Biggsof that court is as follows:
“On tbe seventeenth day of July, 1888, tbe municipal assembly of tbe city of St. Louis passed an ordinance authorizing tbe board of public improvements to contract for certain alterations and repairs at tbe House of Refuge. Section 2 of tbe ordinance is-as follows: ‘The cost of tbe above work shall be paid by tbe city of St. Louis, and the sum of $4,500 is-hereby appropriated out of funds…
2Cases cited5 opinions
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Luthy v. WoodsMissouri Court of Appeals · 1878
- Rieper v. RieperSupreme Court of Missouri · 1883
- City of St. Louis v. KeaneMissouri Court of Appeals · 1887
- Heiman v. FisherMissouri Court of Appeals · 1881
3Cited by11 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- Judson v. WalkerSupreme Court of Missouri · 1900
- St. Peter's Catholic Church v. VannoteNew Jersey Court of Chancery · 1904
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