State ex rel. Musser v. Birch
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Row. A. D. Burnes, Judge. (1) The court erred in sustaining plaintiff’s motion to strike out part of defendants’ answer, and in refusing to, admit evidence tending to prove that the ordinances extending the city limits were unreasonable and unjust.
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Appeal from Clinton Circuit Court. — Row. A. D. Burnes, Judge. (1) The court erred in sustaining plaintiff’s motion to strike out part of defendants’ answer, and in refusing to, admit evidence tending to prove that the ordinances extending the city limits were unreasonable and unjust. The city of Plattsburg could only extend its corporate limits by an ordinance passed and submitted in the manner directed by the statute, and such ordinance must be a reasonable use of the power granted. It should not impose a burden without a benefit, and its reasonableness is a fit subject for judicial…
1Opinion of the CourtLamm, J.
— Plattsburg is a city of the fourth class and sues to enforce the lien of taxes levied for 1899 on certain parcels of land in the southwest quarter of section 24, township 55, range 32, belonging to appellants.
No question is made over the petition. The answer was, (1) a general denial, (2) an allegation that this real estate is not and never was in the corporate limits, (3) that ordinances, notices, elections and returns thereof, whereby Plattsburg attempted to extend its limits to include the real estate in question, were insufficient, not in accordance with the laws of this State, nor the…
2Cases cited19 opinions
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
- City of Tarkio v. CookSupreme Court of Missouri · 1894
- Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
- State v. FlemingSupreme Court of Missouri · 1900
- v. MeeksSupreme Court of Missouri · 1885
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3Cited by25 opinions
- State Ex Inf. Mallett v. City of JoplinSupreme Court of Missouri · 1933
- Spiking School District No. 71 v. Purported "Enlarged School District R-IISupreme Court of Missouri · 1952
- Black v. EarlySupreme Court of Missouri · 1907
- Dressel v. City of CrestwoodMissouri Court of Appeals · 1953
- State v. ChampSupreme Court of Missouri · 1965
20 more not listed; retrieve them via the Exa API.