Saxton v. City of St. Joseph
Supreme Court of Missouri
Error to Buchanan Circuit Court. I. Under the amended charter of the city of St. Joseph she was authorized to macadamize her streets, and the general power was conferred; but tlie specific mode pointed out was by ordinances. (See Saxton vs. Beach, 50 Mo., 488; Rev. Órd. St. Jo., 1869, p. 8 , § 10.) * II.
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Error to Buchanan Circuit Court. I. Under the amended charter of the city of St. Joseph she was authorized to macadamize her streets, and the general power was conferred; but tlie specific mode pointed out was by ordinances. (See Saxton vs. Beach, 50 Mo., 488; Rev. Órd. St. Jo., 1869, p. 8 , § 10.) * II. If the defendant, in directing the macadamizing, liad passed an ordinance, instead of adopting a resolution, for that purpose, she would have been exempt from any liability to be sued; and having complied with her charter the plaintiff would have had Ms remedy over against the property owner…
1Opinion of the CourtHough, Judge
the court.
The question presented by this record for our determination, is the sufficiency of the following petition :
“Plaintiff states that defendant is now and has been for ten years last past, a municipal corporation, in the State of Missouri, organized under and by virtue of the laws of the State of Missouri, and that said defendant, by virtue of its charter and laws, has and has had power by ordinance to macadam, pave, curb, gutter, and otherwise improve the streets of said city ; that about February, 1868, said defendant ordered the city engineer of said city to let out contracts for…
2Cases cited5 opinions
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Fisher v. City of St. LouisSupreme Court of Missouri · 1869
- Clayburgh v. City of ChicagoIllinois Supreme Court · 1861
- Saxton v. BeachSupreme Court of Missouri · 1872
- Wetmore v. CampbellThe Superior Court of New York City · 1849
3Cited by19 opinions
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Kansas City v. WardSupreme Court of Missouri · 1896
- Eichenlaub v. City of St. JosephSupreme Court of Missouri · 1893
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