Frank v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The ordinance of the city of St. Louis providing that when a physician or surgeon shall be called on by the coroner to conduct a post mortem examination, the mayor shall be authorized to allow such physician or surgeon a fee not exceeding $25 which shall be paid out of the treasury in the usual manner, creates an indebtedness against the city in favor of a physician or surgeon employed in the manner and…
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The ordinance of the city of St. Louis providing that when a physician or surgeon shall be called on by the coroner to conduct a post mortem examination, the mayor shall be authorized to allow such physician or surgeon a fee not exceeding $25 which shall be paid out of the treasury in the usual manner, creates an indebtedness against the city in favor of a physician or surgeon employed in the manner and for the purposes above stated, and in the event of the mayor refusing without cause to allow said physician or surgeon…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff, who is a physician and surgeon, against the city of St. Louis, to recover the sum of $1,590, as compensation for services rendered by him in his professional capacity in holding a large number of post mortem examinations on dead bodies of persons in said city, at the request of its coroner, John N. Frank.
*602The material allegations of the petition are as follows:
“The plaintiff states that the defendant is and has been since the year 1822 a municipal corporation existing under the law of Missouri; and that the plaintiff during the year 1894 and prior thereto was…
2Cases cited2 opinions
- State ex rel. Patterson v. MarshallSupreme Court of Missouri · 1884
- State ex rel. Heman v. FladSupreme Court of Missouri · 1891