Hartman v. City of Brunswick
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Ho». John P. Butler, Judge. (1) The thirty-five cents on the hundred dollars for the interest and sinking fund, with which to pay the bonds, should have been excluded in the decree, ordering the peremptory writ of mandamus.
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Appeal from Chariton Circuit Court. — Ho». John P. Butler, Judge. (1) The thirty-five cents on the hundred dollars for the interest and sinking fund, with which to pay the bonds, should have been excluded in the decree, ordering the peremptory writ of mandamus. (2) Revised Statutes 1899, section 1923, makes it a felony for any member of the board of aldermen to vote for the appropriation, disposition or disbursement of any money to any use or purpose other than the specific use or purpose for which the same was devised, appropriated or collected, or authorized to be collected by law. This…
1Opinion of the CourtEllison, J.
This is a proceeding by mandamus to compel the city authorities of Brunswick, Missouri, to levy and collect a tax for the payment of a judgment of four hundred dollars which had theretofore been duly obtained against such city by the plaintiff. The trial court ordered a peremptory writ, and defendant appealed.
It seems that a portion of defendant’s return to the alternative writ was stricken out on motion by plaintiff. Thereupon, plaintiff filed his motion for a peremptory writ for certain grounds therein stated. This motion was sustained and writ ordered. Thereafter, defendant filed its…
2Cases cited5 opinions
- Hambleton v. Town of DexterSupreme Court of Missouri · 1886
- Webb City & Carterville Waterworks Co. v. City of CartervilleSupreme Court of Missouri · 1897
- Webb City v. City of CartervilleSupreme Court of Missouri · 1899
- State ex rel. Boulton v. NorvellMissouri Court of Appeals · 1899
- Hubbel v. City of MaryvilleMissouri Court of Appeals · 1900
3Cited by2 opinions
- Heather v. City of PalmyraSupreme Court of Missouri · 1925
- State Ex Rel. Associated Holding Co. v. City of St. JosephMissouri Court of Appeals · 1943