Legal Opinion

Oster v. City of Jefferson

Missouri Court of Appeals

Decided April 9, 1894PublishedCited by 7 opinions

Appeal from the Cole Circuit Court. — Hon.’ D. W. Shackleford, Judge. (1) “It is a principle universally declared and admitted that a municipal corporation can levy no taxes, general or special, upon the inhabitants or their property, unless the power is plainly and unmistakably conferred.” 2 Dillon, Mun. Oorp. [4 Ed.], sec. 763. (2) And a city can exercise its powers only in the manner prescribed by the creating act. Rumsey v. Schell City, 21 Mo.

Read the full summary

Appeal from the Cole Circuit Court. — Hon.’ D. W. Shackleford, Judge. (1) “It is a principle universally declared and admitted that a municipal corporation can levy no taxes, general or special, upon the inhabitants or their property, unless the power is plainly and unmistakably conferred.” 2 Dillon, Mun. Oorp. [4 Ed.], sec. 763. (2) And a city can exercise its powers only in the manner prescribed by the creating act. Rumsey v. Schell City, 21 Mo. App. 175; Thrush v. Cameron, 21 Mo. App. 394; Knox City v. Thompson, 19 Mo. App. 523. (3) The. powers of municipalities are prescribed by their…

1Opinion of the CourtGill, J.

— The plaintiff sued the defendant city for the contract price of doing certain macadamizing, curbing and guttering on a portion of High street. On trial below by the court, sitting as a jury, the plaintiff had judgment, and defendant appealed.

The substantial facts appear in the following agreed stipulation: “That the plaintiff, Oster, and defendant, the city of Jefferson (a city of the third class) executed and entered into a written contract, on or about August 15, 1887, for the street improvement mentioned in the pleadings; that said contract was made under the law of Missouri, with…

2Cases cited7 opinions

  1. Reilly v. . City of AlbanyNew York Court of Appeals · 1889
  2. Commercial National Bank v. City of PortlandOregon Supreme Court · 1893
  3. City of Atchison v. ByrnesSupreme Court of Kansas · 1879
  4. Keating v. City of KansasSupreme Court of Missouri · 1884
  5. City of Leavenworth v. MillsSupreme Court of Kansas · 1870

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Likes v. City of RollaMissouri Court of Appeals · 1914
  2. Municipal Securities Corp. v. Kansas CitySupreme Court of Missouri · 1915
  3. Henning v. City of CasperWyoming Supreme Court · 1936
  4. Likes v. City of RollaMissouri Court of Appeals · 1915
  5. Thornton v. City of ClintonSupreme Court of Missouri · 1899

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API