Martin v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Oirctát Court. (1) In no event can the judgment be considered final so. that interest can be calculated thereon earlier than the date of the passage of the appropriation ordinance by the city.
Read the full summary
Appeal from St. Louis City Oirctát Court. (1) In no event can the judgment be considered final so. that interest can be calculated thereon earlier than the date of the passage of the appropriation ordinance by the city. The judgment of the circuit co^urt was liable to become an absolute nullity in the event the municipal assembly failed to make the appropriation to pay the damages, and therefore the judgment of condemnation became a finality only when the appropriation bill passed. (2) On neither of these dates, however, was plaintiff entitled to receive the money. Up to this time and until…
1Opinion of the CourtGantt, P. J.
This is an appeal by the city of St. Louis from a judgment of the circuit court of St. Louis in favor of Edward Martin for $5,743.08 against said city, on May 29, 1894. Pending the appeal in this court, Mr. Edward Martin died and upon proper proceedings the cause has been revived in the name of his executor. The judgment was rendered upon demurrer. The facts stand admitted and are as follows:
The city of St. Louis, by its ordinance number 15439, approved February 14,1890, established Tenth street in said city as a public highway sixty feet wide from Washington avenue to Christy avenue, the…
2Cases cited8 opinions
- Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Mississippi River Bridge Co. v. RingSupreme Court of Missouri · 1874
- Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
- Doyle v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Campau v. City of DetroitMichigan Supreme Court · 1923
- Brunn v. Kansas CitySupreme Court of Missouri · 1909
- State Ex Rel. Southern Real Estate & Financial Co. v. City of St. LouisMissouri Court of Appeals · 1938
- Turk v. City of ChicagoIllinois Supreme Court · 1933
- State Ex Rel. State Highway Commission v. GallowayMissouri Court of Appeals · 1956
6 more not listed; retrieve them via the Exa API.