O'Dell v. Scranton
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Hon. John P. Butler, Judge. (1) Cities may exercise, not only the powers expressly conferred, but those necessarily or fairly implied in or incident to the express powers and those indispensably necessary for the accomplishment of the purposes of corporate existence. The act of the city of Hale in issuing the warrant in question was the legitimate and reasonable exercise of a discretionary power.
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Appeal from Carroll Circuit Court. — Hon. John P. Butler, Judge. (1) Cities may exercise, not only the powers expressly conferred, but those necessarily or fairly implied in or incident to the express powers and those indispensably necessary for the accomplishment of the purposes of corporate existence. The act of the city of Hale in issuing the warrant in question was the legitimate and reasonable exercise of a discretionary power. R. S. 1899, secs. 5957, 6000; Tiedeman on Municipal Corporations, secs. 110, 111, 112,115,135; Dillon on Municipal Corporations (3 Ed.), sec. 89; St. Louis y.…
1Opinion of the CourtJohnson, J.
This action was brought in the circuit court of Carroll county by certain taxpaying citizens of Hale, a city of the fourth class, to enjoin the issue and payment of a certain warrant. Defendant Ballew is the mayor of the city; defendants Selby, Walston and Tracy comprise the board of aldermen, and defendant Scranton is the treasurer. They filed answer and motion to dissolve the writ of injunction; afterward, plaintiffs demurred to the answer and on *23hearing, the demurrer was sustained and defendants refusing to plead further, the injunction was made perpetual and defendants appealed. There are…
2Cases cited13 opinions
- City of Winchester v. RedmondSupreme Court of Virginia · 1896
- Crofut v. City of DanburySupreme Court of Connecticut · 1894
- Hanger v. City of Des MoinesSupreme Court of Iowa · 1879
- City of Independence v. ClevelandSupreme Court of Missouri · 1902
- Butler v. City of MilwaukeeWisconsin Supreme Court · 1862
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3Cited by2 opinions
- Weis & Jennett Marble Co. v. GardinerMissouri Court of Appeals · 1917
- Tate v. JohnsonIdaho Supreme Court · 1919