Galbreath v. City of Moberly
Supreme Court of Missouri
Appeal from Moberly Court of Common Fleas. — HoN. G. H. Burckhartt, Judge. A municipal corporation cannot, by simple order or resolution, placed upon the minute book of the clerk, do what its charter expressly says must be done by ordinance. 1 Billon Munic. Corp., p. 173, § 55 ; lb., 362, § 246; lb., 364, § 249 ; Saxton v. Beach, 50 Mo. 488; Kiley v. Oppenheimer, 55 Mo. 374; Leach v. Cargill, 60 Mo. 316. The defendant could fix the salary of plaintiff by ordinance only.
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Appeal from Moberly Court of Common Fleas. — HoN. G. H. Burckhartt, Judge. A municipal corporation cannot, by simple order or resolution, placed upon the minute book of the clerk, do what its charter expressly says must be done by ordinance. 1 Billon Munic. Corp., p. 173, § 55 ; lb., 362, § 246; lb., 364, § 249 ; Saxton v. Beach, 50 Mo. 488; Kiley v. Oppenheimer, 55 Mo. 374; Leach v. Cargill, 60 Mo. 316. The defendant could fix the salary of plaintiff by ordinance only. The doctrine of estoppel cannot be applied to plaintiff' when he acted in ignorance of his rights, and by the inducement and…
1Opinion of the Court
Martin, C.
This was an action for $578, claimed to be due to plaintiff on account of salary as marshal of the city of Moberly.
The plaintiff alleges in his petition that according to an ordinance of the city, approved July 5th, 1875, the salary of the city marshal was fixed at the sum of $75 per month; the he was elected to the office in August, 1877, and was twice re-elected, in April, 1878, and in April, 1879; and that he held the office from August 1st, 1877, till April, 1880. He files an exhibit with his petition, showing that he was paid every month during the whole time of his service, at…
2Cited by9 opinions
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- Reed v. Jackson CountySupreme Court of Missouri · 1940
- State ex rel. Sprouse v. Carroll County CommissionMissouri Court of Appeals · 1994
- McNulty v. Kansas CityCourt of Appeals of Kansas · 1919
- Stratton v. City of WarrensburgMissouri Court of Appeals · 1942
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