City of Tarkio v. Clark
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Row. Gallatin Craig, Judge. (1) The charter and ordinances of a city stand in the same relation to each other as the constitution and statutes of a State. And the same rules are applicable in the one case as in the other in determining a conflict between the charter and ordinance. In other words, the charter of a city is its constitution. Quinette v. St. Louis, 76 Mo. 402; Kansas City v. Hallett, 59 Mo.
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Appeal from Atchison Circuit Court. — Row. Gallatin Craig, Judge. (1) The charter and ordinances of a city stand in the same relation to each other as the constitution and statutes of a State. And the same rules are applicable in the one case as in the other in determining a conflict between the charter and ordinance. In other words, the charter of a city is its constitution. Quinette v. St. Louis, 76 Mo. 402; Kansas City v. Hallett, 59 Mo. App. 160. (2) Section 5993, Revised Statutes 1899, is unconstitutional and violates section 21 of article 2 of the Constitution, in this, that no…
1Opinion of the CourtLamm, J.
Respondent, a city of the fourth class, seeks by condemnation proceedings under the exercise of the right of eminent domain, to extend one of its thoroughfares (First street) by virtue of sections 5990 and 5993, Revised Statutes 1899.
Appellant Clark, owning land taken by the proceedings, appealed to the circuit court of Atchison county from the award of the mayor’s jury, and, appearing for that purpose, filed a motion, bristling with points, to quash and dismiss the proceedings — raising thereby, among other questions, the constitutionality of said section 5993. Unsuccessful in his motion, he…
2Cases cited23 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- State ex rel. St. Louis, Kansas City & Colorado Railroad v. RombauerSupreme Court of Missouri · 1894
- Daugherty v. BrownSupreme Court of Missouri · 1886
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3Cited by23 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- State Ex Rel. Cranfill v. SmithSupreme Court of Missouri · 1932
- Syz v. Milk Wagon Drivers' Union, Local 603Supreme Court of Missouri · 1929
- State Ex Rel. Gove v. TateSupreme Court of Missouri · 1969
18 more not listed; retrieve them via the Exa API.