Rackliffe v. Duncan
Missouri Court of Appeals
Appeal from Buclianan Circuit Court. — Now. Henry M. Ramey, Judge. (1) A valid ordinance can be passed only when the city council is assembled and acting as an organized body at a meeting held according to law. Meetings, the one at which this ordinance was introduced, and the one at which it was passed, were not legally convened and the ordinance is invalid. 2 Dillon, Municipal Corp. (3 Ed.), 324; Forry v. Ridge, 56 Mo.
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Appeal from Buclianan Circuit Court. — Now. Henry M. Ramey, Judge. (1) A valid ordinance can be passed only when the city council is assembled and acting as an organized body at a meeting held according to law. Meetings, the one at which this ordinance was introduced, and the one at which it was passed, were not legally convened and the ordinance is invalid. 2 Dillon, Municipal Corp. (3 Ed.), 324; Forry v. Ridge, 56 Mo. App. 615 and cas. cit.; City v. Jersey City, 25 N. J. Law 309; County v. Hendricks, 71 Cal. 242; Allen v. Burlington, 45 Vt. 210; Bloomfield v. Bank, 121 U. S. 1*21. (2) The…
1Opinion of the CourtJohnson, J.
Action on special taxbills belonging to a series issued by the city of St. Joseph in payment of the cost of paving Messanie street from the east line of Tenth street to the west line of Fifteenth street. A jury was waived by consent of the parties, judgment was entered for plaintiffs for the full amount demanded, and defendants appealed.
The bills issued. April 13, 1904, are claimed to be invalid on the ground that the meeting of the common council, at which the ordinance providing for the improvement was passed, was not convened in a manner authorized by law. St. Joseph is a city of the…
2Cases cited3 opinions
- Forry v. RidgeMissouri Court of Appeals · 1894
- Vrana v. City of St. LouisSupreme Court of Missouri · 1901
- Perkinson v. SchnaakeMissouri Court of Appeals · 1904
3Cited by11 opinions
- Miners' Bank v. ClarkSupreme Court of Missouri · 1913
- C. B. Nash Co. v. City of Council BluffsU.S. Circuit Court for the Southern District of Iowa · 1909
- City of Moberly v. HoganSupreme Court of Missouri · 1927
- City of Dallas v. BergfieldCourt of Appeals of Texas · 1922
- Church Home & Infirmary v. Mayor of BaltimoreCourt of Appeals of Maryland · 1940
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