Legal Opinion

City of St. Louis v. Davidson

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 30 opinions

Appeal from St. Louis City Circuit Court. — Hon. G-eo. W. Lubke, Judge. (1) The findings and conclusions of law of the court were correct. Scheme and Charter, art. 3, sec. 26, par. 10. The provision of the charter of St. Louis cannot be construed to mean that the city shall have power to hire out prisoners to work for others, without doing violence to the words as therein used.

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Appeal from St. Louis City Circuit Court. — Hon. G-eo. W. Lubke, Judge. (1) The findings and conclusions of law of the court were correct. Scheme and Charter, art. 3, sec. 26, par. 10. The provision of the charter of St. Louis cannot be construed to mean that the city shall have power to hire out prisoners to work for others, without doing violence to the words as therein used. On the other hand, every rule of law requires that the strictest construction be placed upon it; for it is both penal in its nature and is a part of a municipal charter. TI. S. v. Morris, 14 Peters, 464; Sedgwick…

1Opinion of the CourtSherwood, J.

— Action on bond for $2,000, given by Davidson to the city to secure the performance of a contract on his part, which contract was made with the city and purported to confer power on Davidson to work the prisoners in the workhouse, at so much per *152head per day. After working the prisoners for some months under this contract, Davidson abandoned it, and this action is brought to recover from him and his sureties the amount due the city for labor of prisoners thus employed and not paid for.

The separate answers of defendants were identical in terms, and set up the defense that the alleged…

2Cases cited8 opinions

  1. Daniels v. TearneySupreme Court of the United States · 1880
  2. McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
  3. City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
  4. City of Burlington v. GilbertSupreme Court of Iowa · 1871
  5. Mayor, Etc., of New York v. . SonnebornNew York Court of Appeals · 1889

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3Cited by30 opinions

  1. Donovan v. Kansas CitySupreme Court of Missouri · 1943
  2. Bell v. KirklandSupreme Court of Minnesota · 1907
  3. Magenheim v. Board of Education of the School District of Riverview GardensMissouri Court of Appeals · 1961
  4. Portland v. Bituminous Paving Co.Oregon Supreme Court · 1898
  5. Mills v. Forest Preserve DistrictIllinois Supreme Court · 1931

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