Devers v. Howard
Missouri Court of Appeals
Appeal from Harrison Circuit Court. — Hon. P. G. Stepp, Judge. (1) A city of the fourth class can act only by an ordinance duly and legally passed. And ordinances, like private statutes, must be specially pleaded. There being no ordinance pleaded in this case, the bond and contract are ultra vires and absolutely void and no evidence should have been admitted under the pleadings. R. S. 1889, sec. 1652; R. S. 1889, sec. 1589; Mfg. Co. v. Schell City, 21 Mo.
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Appeal from Harrison Circuit Court. — Hon. P. G. Stepp, Judge. (1) A city of the fourth class can act only by an ordinance duly and legally passed. And ordinances, like private statutes, must be specially pleaded. There being no ordinance pleaded in this case, the bond and contract are ultra vires and absolutely void and no evidence should have been admitted under the pleadings. R. S. 1889, sec. 1652; R. S. 1889, sec. 1589; Mfg. Co. v. Schell City, 21 Mo. App. 175; Thrush v. City of Cameron, 21 Mo. App. 394; Frazier v. School District, 24 Mo. App. 250; Crutchfield v. Warrensburg, 30 Mo. App.…
1Opinion of the CourtBeoaddhs, J.
This action is upon a bond executed by the defendant Howard as principal and the defendants Van-divert and Phillips as securities to the city of Bethany, Missouri, for the digging of a well at and for the price of $800. The object of the bond was two-fold in its character, viz.: For a faithful performance of the work; and, secondly, for the purpose of securing all persons who might perform labor or furnish material for the construction of the well. The well was completed and accepted by the city. The plaintiff sues on said bond for material consisting of stone furnished by him to defendant…
2Cases cited12 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Aurora Water Co. v. City of AuroraSupreme Court of Missouri · 1895
- Devers v. HowardSupreme Court of Missouri · 1898
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3Cited by10 opinions
- Southern Surety Co. v. WaitsSupreme Court of Oklahoma · 1915
- Foncannon v. City of KirksvilleMissouri Court of Appeals · 1901
- State Ex Rel. C. H. Atkinson Paving Co. v. AronsonSupreme Court of Missouri · 1940
- Kansas City ex rel. Diamond Brick & Tile Co. v. SchroederSupreme Court of Missouri · 1906
- Stocker v. City of Richmond HeightsMissouri Court of Appeals · 1939
5 more not listed; retrieve them via the Exa API.