Lamar, Water & Electric Light Co. v. City of Lamar
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. D. P. Stratton, Judge. The only method whereby a city of the fourth class can contract with any person, company, or association to furnish water for the use of the city and its inhabitants is “by ordinance.”
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Appeal from Barton Circuit Court. — Hon. D. P. Stratton, Judge. The only method whereby a city of the fourth class can contract with any person, company, or association to furnish water for the use of the city and its inhabitants is “by ordinance.” R. S. 1889, sec. 1589. (2) Where the plaintiff is an assignee, the petition must allege the fact of assignment. 1 Estee’s Pleadings, p. 255; Prindle v. Caruthers, 25 N. Y. 426; White v. Brown, 14 How. 282; Adams v. Holley, 12 How. 330. (3) Plaintiff being an assignee of Snyder and Gruin-ney, and relying upon their assignments, should have pleaded…
1Opinion of the CourtBarclay, C. J.
This case was before the Supreme Court on a former appeal, reported 128 Mo. 188 (31 S. W. Rep. 756). Upon the trial following the return of the case to the circuit court, there was a judgment for plaintiff. The defendant, the city of Lamar, is now the appellant.
The pleadings were amended before the last trial. As some questions are raised in regard to them, it will be necessary to state their purport.
*151The action is to recover rental of hydrants for eighteen months from July 1, 1891, under the terms of an ordinance (No. 99), ratified by more than two thirds of the voters of the city, at an…
2Cases cited4 opinions
- Lamar Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1895
- Aurora Water Co. v. City of AuroraSupreme Court of Missouri · 1895
- Graff v. FosterSupreme Court of Missouri · 1878
- Neosho City Water Co. v. City of NeoshoSupreme Court of Missouri · 1896
3Cited by17 opinions
- Tate v. School District No. 11Supreme Court of Missouri · 1930
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- Trask v. Livingston CountySupreme Court of Missouri · 1908
- Stephens Industries, Inc. v. American Express Co.Missouri Court of Appeals · 1971
- Ice Cream MacH. Co., Inc. v. Pig'n WhistleCourt of Appeals of Tennessee · 1933
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