Young v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. In proceedings of this character it must affirmatively appear that the council declared it necessary to lay the pipe. The law is express : they must “ so declare.” “Necessity” in this case is not synonymous with “expediency.”
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Appeal from St. Louis Circuit Court. I. In proceedings of this character it must affirmatively appear that the council declared it necessary to lay the pipe. The law is express : they must “ so declare.” “Necessity” in this case is not synonymous with “expediency.” (Commonwealth v. Egremont, 6 Mass. 491 ;• 2 Mass. 271; 29 Conn. 495; Hunter v. Newport, 5 R. I. 329; 23 Me. 9; 2 Pick. 228 ; Conners v. Swain, 8 Pick. 547 ; Jones v. Anderson, 9 Pick. 132 ; Bethel v. County Court, 42 Me. 479 ; 8 Conn. 164, 243 ; 9 Conn. 232; 11 Conn. 577; 17 Conn. 197; 1 Dutch., N. J., 434; Mallett v Kennan, 22…
1Opinion of the CourtWagner, Judge
The certiorari issued in this case brings up the record of the board of water commissioners, and the question is whether the action of the board, in making an assessment against the respondent for laying a water-pipe in front of his property on *494Gamble avenue., was legal. The power was exercised under the provisions of an act amendatory to the act to enable the city of St. Louis to procure a supply of wholesome water. (Adj. Sess. Acts 1868, p. 291.)
• The law provides that whenever a majority in interest of the property-holders on any street, lane or alley, in the city of St. Louis, shall…
2Cases cited1 opinion
- The People v. . BowenNew York Court of Appeals · 1860
3Cited by15 opinions
- Bellerive Investment Co. v. Kansas CitySupreme Court of Missouri · 1929
- Connor v. City of ParisTexas Supreme Court · 1894
- State ex rel. City of Carthage v. GordonSupreme Court of Missouri · 1909
- Flinn v. GillenSupreme Court of Missouri · 1928
- City of Hannibal v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
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