Legal Opinion

Kayser v. Trustees of Bremen

Supreme Court of Missouri

Decided March 15, 1852PublishedCited by 39 opinions

Appeal from St. Louis Circuit Court. The opinion of the court sufficiently states the facts. contended that the general law of 1845, authorizing the county courts to declare towns incorporated, is constitutional, because the duties of the county court under it, are only judicial. The law of 1845 was originally enacted in 1808. Under that law St. Louis, Carondelet, St. Charles, Ste.

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Appeal from St. Louis Circuit Court. The opinion of the court sufficiently states the facts. contended that the general law of 1845, authorizing the county courts to declare towns incorporated, is constitutional, because the duties of the county court under it, are only judicial. The law of 1845 was originally enacted in 1808. Under that law St. Louis, Carondelet, St. Charles, Ste. Genevieve, New Madrid, and many other towns in the state, were incorporated, and no one ever thought of questioning" the validity of these charters. The County Court having jurisdiction of the case, the validity of…

1Opinion of the Court

Scott, Judge,

delivered tbe opinion of tbe court.

This is a petition for an injunction, filed by tbe respondent against tbe appellants, as trustees of tbe town of Bremen, to restrain tbe collection of taxes illegally imposed by said trustees, as it is alleged.

Tbe town was incorporated by tbe County Court of St. Louis county, in pursuance to tbe provision of tbe act of tbe Gene*90ral Assembly, entitled “An act for tbe incorporation of towns, ” approved March 7th, 1845.

Amongst the many objections urged against the validity of the proceedings of the trustees, those two only will be noticed, which are…

2Cited by39 opinions

  1. In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
  2. Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
  3. Burt v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1884
  4. State ex rel. Dome v. WilcoxSupreme Court of Missouri · 1870
  5. Brennan v. City of WeatherfordTexas Supreme Court · 1880

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