City of Cape Girardeau v. Fougeu
Missouri Court of Appeals
Error to the Cape Girardeau Circuit Court, Hon. H. C. O’Bryan, Judge. The city of Cape Girardeau derives its power to construct and repair curbstones and sidewalks from the charter granted by the General Assembly of the state of Missouri. Laws of Missouri, 1872, art. 3, secs. 6, 41; art. 6, sec. 1; art. 7, sec. 11. The ordinance set out in the petition gives full effect to the charter power above referred to. McCormack v. PatcMn, 53 Mo. 33; Neir v. Railroad, 12 Mo.
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Error to the Cape Girardeau Circuit Court, Hon. H. C. O’Bryan, Judge. The city of Cape Girardeau derives its power to construct and repair curbstones and sidewalks from the charter granted by the General Assembly of the state of Missouri. Laws of Missouri, 1872, art. 3, secs. 6, 41; art. 6, sec. 1; art. 7, sec. 11. The ordinance set out in the petition gives full effect to the charter power above referred to. McCormack v. PatcMn, 53 Mo. 33; Neir v. Railroad, 12 Mo. App. 25; 1 Dillon Mun. Corp. [ 3 Ed. ] sec. 328. The legislative will was clearly expressed in the charter, and the ordinance…
1Opinion of the CourtThompson, J.
The city of Cape Girardeau appears to be working under a special charter granted by the legislature in 1872. Act of March 29, 1872; Laws of 1872, pp. 328, 345. By section six of article three of this elaborate statute,, it is provided that “the mayor and council shall have power within the city, by ordinance * * * to open, alter, abolish, widen, extend, establish, grade, pave, or otherwise improve, clean, and keep in repair, streets, avenues, lanes, and alleys, wharves,, and public grounds, and squares.”
By section forty-one of the same article, the mayor and city council. have power within…
2Cases cited2 opinions
- Saxton v. City of St. JosephSupreme Court of Missouri · 1875
- Saxton v. BeachSupreme Court of Missouri · 1872
3Cited by16 opinions
- Hawks v. BlandSupreme Court of Oklahoma · 1932
- City of San Antonio v. MicklejohnTexas Supreme Court · 1895
- State Ex Rel. Jones v. AtterburySupreme Court of Missouri · 1957
- Julian v. Mayor, Councilmen and CitizensSupreme Court of Missouri · 1965
- Wheeler v. City of Poplar BluffSupreme Court of Missouri · 1899
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