State v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Hannibal Court of Common Fleas. — Hon. John. T. Redd, Judge. This was a suit brought by the city of Hannibal in the name of the State to recover city taxes assessed against the property of defendant within the city. Defendant by its answer set up among other things a contract made on the 3rd day of December, 1868, between itself and the city.
Read the full summary
Appeal from Hannibal Court of Common Fleas. — Hon. John. T. Redd, Judge. This was a suit brought by the city of Hannibal in the name of the State to recover city taxes assessed against the property of defendant within the city. Defendant by its answer set up among other things a contract made on the 3rd day of December, 1868, between itself and the city. This contract recited that a controversy had arisen between defendant and the city in regard to the right of the city to tax the property of defendant, and that defendant intended,. if the city exercised such right, to remove its general…
1Opinion of the CourtSherwood, C. J.
Whether that portion of defendant’s answer which pleaded the contract of December 3rd, 1868, was open to the objection taken by demurrer, depends upon the power of the city of Hannibal to make such a contract.
There-is nothing to be found in the charter of the city which gives countenance to the idea that such power was possessed at that time, and we know that unless by the charter, the organic law of the city, such power be granted, it has no existence. This proposition of law is general and undisputed. If the power be not granted in express words, necessarily implied, or incident to those…
2Cases cited6 opinions
- Knowlton v. Board of SupervisorsWisconsin Supreme Court · 1859
- City of Zanesville v. RichardsOhio Supreme Court · 1855
- Cheeney v. Inhabitants of BrookfieldSupreme Court of Missouri · 1875
- Hale v. City of KenoshaWisconsin Supreme Court · 1872
- Brewer Brick Co. v. Inhabitants of BrewerSupreme Judicial Court of Maine · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State Ex Rel. v. Board of County Com'rsSupreme Court of Oklahoma · 1940
- Monroe Water Works Co. v. City of MonroeWisconsin Supreme Court · 1901
- Portland v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1916
- Sanderson v. BatemanMontana Supreme Court · 1927
- Barhorst v. City of St. LouisSupreme Court of Missouri · 1968
11 more not listed; retrieve them via the Exa API.