Legal Opinion

Hislop v. City of Joplin

Supreme Court of Missouri

Decided May 31, 1913PublishedCited by 26 opinions

Appeal from Jasper Circuit Court. — Eon. E. L. Bright, Judge. (1) Where an ordinance of a city is unreasonable, unjust or oppressive, it ,will not be enforced. Springfield v. Jacobs, 101 Mo.

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Appeal from Jasper Circuit Court. — Eon. E. L. Bright, Judge. (1) Where an ordinance of a city is unreasonable, unjust or oppressive, it ,will not be enforced. Springfield v. Jacobs, 101 Mo. App. 339; 1 Beech on Public Corporations, sec. 90 ; Tugman v. Chicago, 78 111. 405; Caldwell v. Alton, 33 111. 416; Norris v. Westport, 110 Mo. 502; Graysitt v. Railroad, 116 Mo. 450; Kelly v. Meeks, 87 Mo. 396; Corrigan v. Gage, 68 Mo. 541; St. Louis v. Webber, 44 Mo. 547; Lamar v. Weidman, 57 Mo. App. 547; Hannibal v. Tele. Co., 31 Mo. App. 23; Carrollton v. Bozzette, 159 111. 284; Ottumwa-v. Zekind, 95…

1Opinion of the Court

BLAIR, C.

Plaintiffs are resident owners of realty in a tract which the defendant city attempted in 1908 to bring within its limits by proceeding under section 5752, Revised Statutes 1899. An election was ordered . and held and the requisite majority favoring the extension, the result was by ordinance duly passed declared to be the addition to the city of the tract involved. City taxes were assessed against and levied upon property in the affected territory and the city officers were threatening and attempting to enforce their collection when this suit was begun by plaintiffs, for themselves…

2Cases cited3 opinions

  1. City of Westport ex rel. Kitchen v. McGeeSupreme Court of Missouri · 1895
  2. State ex rel. Moody v. WardellSupreme Court of Missouri · 1899
  3. Birch v. City of PlattsburgSupreme Court of Missouri · 1904

3Cited by26 opinions

  1. State v. City of North Kansas CitySupreme Court of Missouri · 1950
  2. Bellerive Investment Co. v. Kansas CitySupreme Court of Missouri · 1929
  3. State Ex Inf. Mallett v. City of JoplinSupreme Court of Missouri · 1933
  4. Dressel v. City of CrestwoodMissouri Court of Appeals · 1953
  5. Mitchell v. City of RoswellNew Mexico Supreme Court · 1941

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