City of Sedalia ex rel. Gilsonite Construction Co. v. Montgomery
Missouri Court of Appeals
Appeal from Franklin Circuit Court. — Hon. Wm. A. Davidson, Judge. (1) The record of the council is the journal of the council proceedings which the clerk is required by law to keep. This journal should contain a minute of every act of the council. R. S. 1899, secs. 5772 and 5774. In so far as it does so it is competent proof and the only competent proof of what the council did.
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Appeal from Franklin Circuit Court. — Hon. Wm. A. Davidson, Judge. (1) The record of the council is the journal of the council proceedings which the clerk is required by law to keep. This journal should contain a minute of every act of the council. R. S. 1899, secs. 5772 and 5774. In so far as it does so it is competent proof and the only competent proof of what the council did. It will be conclusively presumed that the council did just what its journal says it did, no more and no less. The law presumes that public officers have discharged their duties properly. Miller v. Dunn, 62 Mo. 216;…
1Opinion of the CourtReyburn, J.
(after stating tbe facts). — 1. At tbe portal of tbe cause, we are faced with a revival and reiteration of tbe charges of collusion between tbe parties confronting each other as plaintiff and defendants. While it is indisputable that legal tribunals are not created to bear and decide moot cases, and that lawsuits contemplate adverse parties and hostile interests, and courts will refuse to entertain proceedings inaugurated and designed to affect tbe rights of third parties, strangers thereto, whereby sucb actions cease to be antagonistic and are rendered collusive [Meeker v. Straas, Admr., 38…
2Cases cited29 opinions
- State v. GerhardtIndiana Supreme Court · 1896
- Ogden City v. ArmstrongSupreme Court of the United States · 1897
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- Mulligan v. SmithCalifornia Supreme Court · 1881
- Morse v. City of OmahaNebraska Supreme Court · 1903
24 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Annbar Associates v. West Side Redevelopment Corp.Supreme Court of Missouri · 1965
- City of Valdosta v. HarrisSupreme Court of Georgia · 1923
- City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomerySupreme Court of Missouri · 1910
- Sharum v. City of MuskogeeSupreme Court of Oklahoma · 1914
- Robertson Lumber Co. v. City of Grand ForksNorth Dakota Supreme Court · 1914
14 more not listed; retrieve them via the Exa API.