Inhabitants of Palmyra v. Morton
Supreme Court of Missouri
Error to Marion Circuit Court. I. The trustees had no right by authority of law to require Morton to curb and pave the streets in front of his property. The street is public property, a matter of public concern, and can therefore be made only by a general tax imposed upon the citizens and proprietors in proportion to the value of their property.
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Error to Marion Circuit Court. I. The trustees had no right by authority of law to require Morton to curb and pave the streets in front of his property. The street is public property, a matter of public concern, and can therefore be made only by a general tax imposed upon the citizens and proprietors in proportion to the value of their property. The proceedings against Morton, if sustained, would be the imposition of a special and partial tax upon one individual for a public benefit; or, in other words, the taking of private property for public use without just compensation. The legislature…
1Opinion of the CourtEichaRdson, Judge
The plaintiffs were incorporated a body politic by an act of the general assembly, approved March 3d, 1845, (Sess. Acts, 1845, p. 152,) by the name of “ The Inhabitants of the Town of Palmyra,” and by that name were authorized to sue and be sued. The corporate powers of the town were vested in a board of trustees, to consist of five members to be chosen by the qualified voters of the town, who were authorized by the tenth section “ to have the footways and side-walks of the streets paved at the expense of the owners or occupiers of the adjacent lots; and if such owner or occupier fail to pave…
2Cases cited2 opinions
- Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
- Williams v. CammackMississippi Supreme Court · 1854
3Cited by28 opinions
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- State v. Inhabitants of TrentonSupreme Court of New Jersey · 1890
- Hayden v. City of AtlantaSupreme Court of Georgia · 1884
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