Springfield Railway Co. v. City of Springfield
Supreme Court of Missouri
Appeal from Qreene Gireuit Gourt:—Hon. W. P. Geiger, Judge. (1) The ordinance of the city of Springfield, when accepted by the appellant, became a contract, binding upon the municipality. Mühan v. Sharp, 27 N. Y. 620 ; City of Quincy n. Bull, 106 111. 337; 1 Potter on Corporations, secs. 376, 395; Bailey n. Mayor, 3 Hill, 530; Lloyd n. Mayor, 5 N. Y. 375; Indianapolis n. Gas Company, 66 Ind. 406; Burlington n. Burlington Street By.
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Appeal from Qreene Gireuit Gourt:—Hon. W. P. Geiger, Judge. (1) The ordinance of the city of Springfield, when accepted by the appellant, became a contract, binding upon the municipality. Mühan v. Sharp, 27 N. Y. 620 ; City of Quincy n. Bull, 106 111. 337; 1 Potter on Corporations, secs. 376, 395; Bailey n. Mayor, 3 Hill, 530; Lloyd n. Mayor, 5 N. Y. 375; Indianapolis n. Gas Company, 66 Ind. 406; Burlington n. Burlington Street By. Co. 49 la. 144; Mayor V. Bailroad, 32 N. Y. 261. “Upon the acceptance of the provisions of the ordinance it became a contract between two parties binding each to…
1Opinion of the CourtBlack, J.
The demurrer, which was sustained, assigns many reasons why the petition should be held insufficient. Clearly there is nothing in most of them’ The cause, thus far, it would seem, has been made to turn upon the third assignment, which is, that a court of equity has no jurisdiction to interfere with or control the judgment and discretion of municipal bodies. The-city of Springfield, by ordinance, gave to appellant the right to construct, maintain, and operate a street railroad on certain designated streets and the public square for twenty years. Pursuant to this authority the appellant…
2Cases cited1 opinion
- City of Quincy v. BullIllinois Supreme Court · 1883
3Cited by11 opinions
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Gregory v. Kansas CitySupreme Court of Missouri · 1912
- Sedalia Brewing Co. v. Sedalia Water Works Co.Missouri Court of Appeals · 1889
- Chicago & Alton Railroad v. BrandauMissouri Court of Appeals · 1899
- City of Lamar v. WeidmanMissouri Court of Appeals · 1894
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