Legal Opinion

Dalton v. City of Poplar Bluff

Supreme Court of Missouri

Decided March 17, 1903PublishedCited by 10 opinions

Appeal from Madison Circuit Court. — Now. Jas. D. Fox, Judge. (1) The charter of defendant expressly authorized the defendant by both its legislative body, the mayor and city council, and by its “city council,” to make such contracts as sued upon, and they were entered into with I. M. Davidson in strict accord with that authority; and the cost of the improvement contracted for, defendant’s charter provided should he paid from an assessment upon all the taxable property…

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Appeal from Madison Circuit Court. — Now. Jas. D. Fox, Judge. (1) The charter of defendant expressly authorized the defendant by both its legislative body, the mayor and city council, and by its “city council,” to make such contracts as sued upon, and they were entered into with I. M. Davidson in strict accord with that authority; and the cost of the improvement contracted for, defendant’s charter provided should he paid from an assessment upon all the taxable property within the limits of the city. Secs. 1495 and 1514, Re-, vised Statutes 1889; City to use v. Hoag, 62 Mo. App. 672. “Where a…

1Opinion of the CourtBurgess, J.

This is an action upon certain contracts entered into by plaintiff’s intestate, I. M. Davidson, deceased, and the city of Poplar Bluff, for reducing to grade certain streets of that city by him in pursuance of the provisions of said contract.

The answer admits the incorporation of defendant city, that the resolution of October 17, 1892, was passed and published, but avers that said allegation in the first count of plaintiff’s petition touching said resolution *44wholly fails to state the facts stated in said resolution. The answer also admits the passage of an ordinance on November 21, 1892, as…

2Cases cited10 opinions

  1. Gregory v. ChambersSupreme Court of Missouri · 1883
  2. Wolff v. CampbellSupreme Court of Missouri · 1892
  3. Gordon v. BurrisSupreme Court of Missouri · 1897
  4. Bryan v. WearSupreme Court of Missouri · 1835
  5. Huston v. TylerSupreme Court of Missouri · 1897

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3Cited by10 opinions

  1. Link v. JacksonMissouri Court of Appeals · 1911
  2. Hill v. DillonMissouri Court of Appeals · 1913
  3. Henning v. City of CasperWyoming Supreme Court · 1936
  4. Davidson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
  5. Ketchum v. City of MonettMissouri Court of Appeals · 1916

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