Sales v. Barber Asphalt Paving Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Wood-son, Judge. (1) The repeal of section 5537, Revised Statutes 1899, took out of the charter of cities of the second class the express requirements that such cities should have a city engineer.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Wood-son, Judge. (1) The repeal of section 5537, Revised Statutes 1899, took out of the charter of cities of the second class the express requirements that such cities should have a city engineer. But there was left in that charter a plenary grant of power unto such cities to establish that office by ordinance, and when established, the duties of that office, so far as they are involved in this controversy, are prescribed by that charter. Under rules of construction well settled in this State no effect is to be given the void act in…
1Opinion of the CourtShekwood, J.
1. The trial court upon final hearing, perpetually enjoined defendants from doing any work under a certain contract for street improvement and under •ordinance 2647, and from issuing any taxbills against plaintiff’s land of beclouding the title of the same, etc.
The correctness of this decree defendants deny, and have *676appealed to this court in order here to challenge its correctness.
In the second volume of the Revised Statutes of 1899, under the title of Cities, Towns and Villages, there was section 5537, which provided that: “In all such cities there shall be a city clerk, city engineer, city…
2Cases cited2 opinions
- State v. EvansSupreme Court of Missouri · 1901
- State ex inf. Mytton v. BordenSupreme Court of Missouri · 1901
3Cited by13 opinions
- Applestein v. Mayor of BaltimoreCourt of Appeals of Maryland · 1928
- People v. GibsonSupreme Court of Colorado · 1912
- State v. BengschSupreme Court of Missouri · 1902
- Snow v. Hicks Bros. Chevrolet, Inc.Missouri Court of Appeals · 1972
- State Ex Rel. City of Spokane v. DeGraffWashington Supreme Court · 1927
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