Legal Opinion

Allen v. Rogers

Missouri Court of Appeals

Decided January 5, 1886PublishedCited by 1 opinion

Appeal from the St. Louis Circuit Court, Gteorg-e W. Lubke, Judge. The municipal assembly had no power to pass the ordinance bi question, since the mayor did not mention the subject aiatter of it in his message. St. Louis n. Withaus, 16 Mo. App. 247. The contract was improperly awarded. Addis v. Pittsburg, 85 Pa. St. 379 ; Bigler v. Mayor, 5 Abb.

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Appeal from the St. Louis Circuit Court, Gteorg-e W. Lubke, Judge. The municipal assembly had no power to pass the ordinance bi question, since the mayor did not mention the subject aiatter of it in his message. St. Louis n. Withaus, 16 Mo. App. 247. The contract was improperly awarded. Addis v. Pittsburg, 85 Pa. St. 379 ; Bigler v. Mayor, 5 Abb. N. C. 51; Kneeland v. Milwaukee, 18 Wis. 411; Wells v. Burnham, 20 Wis. 112. A contract, as well as a statute or ordinance, may be voicf in part and not void in tolo. Lcehner v. Ins. do., 17 Mo. 247-258; s. o., 19 Mo. 628 ; Reiohard v. Ins. Co., 31…

1Opinion of the CourtThompson, J.

This is an action on a special tax bill, issued to the plaintiff by the city of St. Louis, as a contractor for the reconstruction of a certain portion of a street of the city, upon which the defendant’s land abuts.

I. The first defence which is made to the action is that the ordinance was passed at a special session, and that the mayor in his message, submitted to the session, immediately after it was assembled, in which he designated the subjects of legislation for which the session was called, failed to designate the subject embraced in article six of the charter, which relates to the manner…

2Cases cited8 opinions

  1. Kneeland v. City of MilwaukeeWisconsin Supreme Court · 1864
  2. Wells v. BurnhamWisconsin Supreme Court · 1865
  3. Eyermann v. ProvenchereMissouri Court of Appeals · 1884
  4. Kemper v. KingMissouri Court of Appeals · 1881
  5. First National Bank v. ArnoldiaSupreme Court of Missouri · 1876

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3Cited by1 opinion

  1. Kansas City Grading Co. v. HoldenMissouri Court of Appeals · 1888

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