Silvester v. City of St. Louis
Supreme Court of Missouri
'Appeal from St. Louis City Circuit Court. — Hon. L. B. Valr licmtj Judge. My contention is that for the purpose of making the final appropriation'under section 10, article 6, the assembly alone, without the concurrence of the mayor, has the power, under that section, to say that the money shall be paid to those whose property has been taken in terms of the commissioners’ report.
Read the full summary
'Appeal from St. Louis City Circuit Court. — Hon. L. B. Valr licmtj Judge. My contention is that for the purpose of making the final appropriation'under section 10, article 6, the assembly alone, without the concurrence of the mayor, has the power, under that section, to say that the money shall be paid to those whose property has been taken in terms of the commissioners’ report. In other words, the municipal assembly can legislate in certain instances without the advice or concurrence of the mayor, and the latter’s signature is not necessary to give vitality to the assembly’s acts. This…
1Opinion of the CourtBurgess, J.
— This is an action by plaintiffs to recover of defendant the sum of ten thousand three hundred dollars, being the amount, and interest from July 28, 1897, of the award of commissioners for damages to plaintiffs’ property in St. Louis in a proceeding by said city to establish and open Compton avenue, a public highway, from Magnolia avenue southwardly to its intersection with Wilmington road. The trial resulted in a judgment for defendant from which plaintiffs appeal.
The facts briefly stated are about as follows: On December 26, 1893, the defendant city undertook to establish ' Compton avenue,…
2Cases cited4 opinions
- Simpson v. Kansas CitySupreme Court of Missouri · 1892
- City of St. Joseph v. HamiltonSupreme Court of Missouri · 1869
- Whyte v. City of KansasMissouri Court of Appeals · 1886
- State ex rel. Rogers v. HugSupreme Court of Missouri · 1869
3Cited by7 opinions
- Haig v. Wateree Power Co.Supreme Court of South Carolina · 1922
- State Ex Rel. Scott v. TrimbleSupreme Court of Missouri · 1925
- Houck v. Little River Drainage DistrictSupreme Court of Missouri · 1938
- Hamilton v. Big Medicine Drainage District No. 1Missouri Court of Appeals · 1924
- Seventeenth Street v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1905
2 more not listed; retrieve them via the Exa API.