Edwards v. City of Kirkwood
Missouri Court of Appeals
Appeal from. St. Louis County Circuit Court. — Eon. J. W. McElhinney, Judge. Appellant’s petition states a good cause of action. Laws Missouri, 1903, p. 81; 1 Dillon’s Mun.
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Appeal from. St. Louis County Circuit Court. — Eon. J. W. McElhinney, Judge. Appellant’s petition states a good cause of action. Laws Missouri, 1903, p. 81; 1 Dillon’s Mun. Corp. (4 Eld.), see. 479; Reynolds v. Clark, 162 Mo. 680; State ex ’ rel. v. Butler, 164 Mo. 214; Morrow v. Pike Co., 189 Mo. 610; Simpson v. Stoddard County, 173 Mo. 421. (1) Under the maxim expressio unius exclusio.al-terius, the powers of the city, and the collector being both fixed by statute with reference to the employment of attorneys by either, plaintiff must state a case either ■under sec. 5907, R. S. 1899 as…
1Opinion of the CourtNortoni, J.
(after stating the facts). — It is argued that the petition fails to disclose the contract relied upon therein was within the powers of the municipal corporation. We are admonished by a great jurist that in determining the extent of the power of a municipal corporation to make contracts and in ascertaining the mode in which such power is to be exercised, careful attention should be given to the charter provisions of the municipality and the general legislation of the state on the subject, if there be any. And, it is said where there are express provisions on the subject those will, of course,…
2Cases cited21 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Moore v. . MayorNew York Court of Appeals · 1878
- State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
- Brown v. . BowenNew York Court of Appeals · 1864
- City of St. Louis v. RussellSupreme Court of Missouri · 1893
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3Cited by17 opinions
- State v. O'CONNELLWashington Supreme Court · 1974
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- Pepe v. City of New BritainSupreme Court of Connecticut · 1987
- City of Saginaw v. Consumers' Power Co.Michigan Supreme Court · 1921
- Bonsack & Pearce, Inc. v. School DistrictMissouri Court of Appeals · 1932
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