Kemp v. City of Monett
Missouri Court of Appeals
Appeal from Barry Circuit Court. — Hon. Henry G. Pepper, Judge. - (1) The Act of 1895, section 25, page 70, provides that the board of alderman shall have power to fix the compensation of all officers by ordinance, and the ordinance offered in evidence, and contained in section 118, of the revised ordinances of the city, fully complies with the above-named section of its charter.
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Appeal from Barry Circuit Court. — Hon. Henry G. Pepper, Judge. - (1) The Act of 1895, section 25, page 70, provides that the board of alderman shall have power to fix the compensation of all officers by ordinance, and the ordinance offered in evidence, and contained in section 118, of the revised ordinances of the city, fully complies with the above-named section of its charter. (2) The defendant’s liability for fees earned by plaintiff in city prosecutions for violation of ordinances, is that the defendant in such prosecution, or prosecutions, shall be convicted and committed. E. S. 1899,…
1Opinion of the CourtBarclay, J.
This is an action for attorney’s fees. Plaintiff was city attorney of Monett (a city of the fourth class) from April, 1897, until the same month in 1900. His amended petition contains a large number of counts for various items of fees claimed *455under the city charter and an ordinance concerning the-compensation of the city attorney.
The charter of Monett declares that:
“The board of aldermen shall have the power to' fix the compensation of all the officers and employees of the city by ordinance. But the salary of an officer shall not be changed during the time for which he was elected or…
2Cases cited2 opinions
- Carr v. City of St. LouisSupreme Court of Missouri · 1845
- Boucher v. City of MoberlySupreme Court of Missouri · 1881
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- City of Carterville v. CardwellMissouri Court of Appeals · 1910
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