Legal Opinion

Webb v. Strobach

Missouri Court of Appeals

Decided April 4, 1910PublishedCited by 13 opinions

Appeal from Phelps Circuit Court. — Hon. L. B. Wood-side, Judge. (1) The resolution as published complied with all the requirements of law. R. S. 1899, sec. 5989; King v. Lamb, 117 Cal. 401, 49 Pac. 561; Paving Co. v. O’Brien, 128 M'o. App. 268; Jones v. Plummer, 118 S. W. 109. (2) The board of aldermen had the right and authority to correct the minutes of April 8, 1909, by entry made June 28, 1909; 21 Am. and Eng.

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Appeal from Phelps Circuit Court. — Hon. L. B. Wood-side, Judge. (1) The resolution as published complied with all the requirements of law. R. S. 1899, sec. 5989; King v. Lamb, 117 Cal. 401, 49 Pac. 561; Paving Co. v. O’Brien, 128 M'o. App. 268; Jones v. Plummer, 118 S. W. 109. (2) The board of aldermen had the right and authority to correct the minutes of April 8, 1909, by entry made June 28, 1909; 21 Am. and Eng. Ency. of L. (2 Ed.), 10; Adams Co. v. Quincy, 130 111. 566, 22 N. E. 624; Ryder v. Alton, 175 111. 94, 51 N. E. 821; Gilberts v. Rabe, 49 111. App. 418; Belmont v. Miller, 52 111.…

1Opinion of the CourtNixon, P. J.

This was an action by the abutting landowners on Pine street in the city of Rolla, Missouri, to restrain by injunction the defendants as mayor and members of the board of aldermen of said city from *463paving Pine street with brick. On a trial of the case before the circuit court, a perpetual injunction was issued, and the defendants have appealed. The facts of the case will develop in the opinion.

On the 3d day of May, 1909, the defendant, Charles T. Strobaeh as mayor, and the other defendánts as members of the board of aldermen, of the city of Eolia, a city of the fourth class, passed an…

2Cases cited10 opinions

  1. City of St. Louis v. St. Louis Theatre Co.Supreme Court of Missouri · 1907
  2. National Bank of the Metropolis v. WilliamsSupreme Court of Missouri · 1870
  3. Brown v. Central Bermudez Co.Indiana Supreme Court · 1903
  4. Cartwright v. Liberty Telephone Co.Supreme Court of Missouri · 1907
  5. Ryder Estate v. City of AltonIllinois Supreme Court · 1898

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3Cited by13 opinions

  1. Regency Outdoor Advertising, Inc. v. City of Los AngelesCalifornia Supreme Court · 2006
  2. Ryan v. ByramCalifornia Supreme Court · 1935
  3. Perkins v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1932
  4. Styles v. DickeyNorth Dakota Supreme Court · 1912
  5. City of Brunswick Ex Rel. Barkwell v. BenekeSupreme Court of Missouri · 1921

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