Oster v. City of Jefferson
Missouri Court of Appeals
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.
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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
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- Commercial National Bank v. City of PortlandOregon Supreme Court · 1893
- City of Atchison v. ByrnesSupreme Court of Kansas · 1879
- Keating v. City of KansasSupreme Court of Missouri · 1884
- City of Leavenworth v. MillsSupreme Court of Kansas · 1870
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3Cited by7 opinions
- Likes v. City of RollaMissouri Court of Appeals · 1914
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- Likes v. City of RollaMissouri Court of Appeals · 1915
- Thornton v. City of ClintonSupreme Court of Missouri · 1899
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