Corrigan v. Gage
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. That the ordinances of a municipal corporation cannot be attacked for an error of judgment, or an apparently unwise exercise of discretion, is true. But, however broad may be the powers of legislation granted to a corporation, however varied the subjects they may affect, or however large the discretion intrusted to it, its ordinances must submit to the test of reasonableness.
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Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. That the ordinances of a municipal corporation cannot be attacked for an error of judgment, or an apparently unwise exercise of discretion, is true. But, however broad may be the powers of legislation granted to a corporation, however varied the subjects they may affect, or however large the discretion intrusted to it, its ordinances must submit to the test of reasonableness. Whether the question is one for the court or the jury may be-doubtful, but in every case where the action or the defense to it is based upon an…
1Opinion of the CourtSherwood, C. J.
— Suit on a special tax bill issued by the city engineer of the City of Kansas in favor of plaintiff aird against a lot owned by defendants.
The suit was brought before a justice of the peace and by the defendants appealed to the law and equity court. The tax bill was one of many issued to the plaintiff as the contractor for the building of a sidewalk three blocks in length upon one side of a street on which defendants’ lot fronted.
The ordinance directing the construction of this sidewalk was approved July 23rd, 1873.
The charter provisions upon the subject, in force at that time, were section…
2Cases cited1 opinion
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
3Cited by38 opinions
- In Re SmithCalifornia Supreme Court · 1904
- City of St. Louis v. RussellSupreme Court of Missouri · 1893
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- v. MeeksSupreme Court of Missouri · 1885
- Copeland v. City of St. JosephSupreme Court of Missouri · 1895
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