Hunt v. City of Boonville
Supreme Court of Missouri
Appeal from Cooper Circuit Court.—Hon. Geo. ~W. Miller, Judge. It will be seen by an examination of the charter that the city has no authority to do the act complained of by' respondent. The trespass alleged to have been committed is ultra vires, and the city is not liable. A corporation organized and created for municipal government solely differs from a quasi private corporation created and organized for profit. Dillon Munic.
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Appeal from Cooper Circuit Court.—Hon. Geo. ~W. Miller, Judge. It will be seen by an examination of the charter that the city has no authority to do the act complained of by' respondent. The trespass alleged to have been committed is ultra vires, and the city is not liable. A corporation organized and created for municipal government solely differs from a quasi private corporation created and organized for profit. Dillon Munic. Corp., 2d Ed., §§ 9,10. The defendant is, by its charter, not allowed by its agents-or servants to enter upon the lands of persons, unless it is for some one of the…
1Opinion of the CourtHough, J.
This was an action founded upon the first section of our statute in relation to “Trespasses.” The petition charged the defendant with digging up and carrying away from the land of the plaintiff' certain rock in which the defendant had no right or interest, and asked judgment for treble damages. The material portion of the defendant’s answer is as follows : “ Defendant further answering said petition says, that on or about the 6th day of April, 1874, said defendant, by her agent, purchased of the American Bridge Company all the broken rock then being on said above described piece of ground,…
2Cases cited8 opinions
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Kennedy v. North Missouri RailroadSupreme Court of Missouri · 1865
- City of Chicago v. MartinIllinois Supreme Court · 1868
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
- Genty v. Resolution Trust Corp.Court of Appeals for the Third Circuit · 1991
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- Chappell v. City of SpringfieldSupreme Court of Missouri · 1968
39 more not listed; retrieve them via the Exa API.