City of St. Louis v. St. Louis Gaslight Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1. The contract of 1846 was not a valid contract, as construed in and by the decree, and the appellant is not estopued to deny its validity. It was ultra vires the city as construed. Expressio unius cst cxclusio altcrius. Si. Louis v. Russell, 9 Mo. 503; Blair v. Perpetual Insurance Go., 10 Mo. 560; Haggles v. Collier, 43 Mo. 853; Matthews v. Skinker, 62 Mo. 329; H. § St. Jo.
Read the full summary
Appeal from St. Louis Court of Appeals. 1. The contract of 1846 was not a valid contract, as construed in and by the decree, and the appellant is not estopued to deny its validity. It was ultra vires the city as construed. Expressio unius cst cxclusio altcrius. Si. Louis v. Russell, 9 Mo. 503; Blair v. Perpetual Insurance Go., 10 Mo. 560; Haggles v. Collier, 43 Mo. 853; Matthews v. Skinker, 62 Mo. 329; H. § St. Jo. R. R. Co. v. Marion Co., 36 Mo. 303; Western S. F. S. v. Philadelphia, 31 Pa St. 185; Bank of Louisville v. Young, 37 Mo. 398; Fowler v. Scully, 72 Pa. St. 456 ; First Nat. Bank v.…
1Opinion of the Court
Norton, J. —
This suit was instituted in the circuit court of St. Louis county on the 21st day of May, 1870. Ah amended and supplemental petition was filed, by leave of court, on the 4th day of August, 1875, in which the La*79dedo Gaslight Company was made a party defendant, and upon this amended petition the cause was tried in the circuit court, which resulted in a decree for plaintiff, from which an appeal was prosecuted to the St. Louis court of appeals, where, upon a hearing, the decree of the circuit court was m all 'things affirmed, from which latter judgment defendant prosecutes its appeal…
2Cases cited12 opinions
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Requa v. . the City of RochesterNew York Court of Appeals · 1871
- Tobey v. County of BristolU.S. Circuit Court for the District of Massachusetts · 1845
- Chouteau v. GoddinSupreme Court of Missouri · 1866
- Biddle v. RamseySupreme Court of Missouri · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Castle Creek Water Co. v. City of AspenCourt of Appeals for the Eighth Circuit · 1906
- City of Madison v. Madison Gas & Electric Co.Wisconsin Supreme Court · 1906
- Chicago Gas Light & Coke Co. v. People's Gas Light & Coke Co.Illinois Supreme Court · 1887
- State ex rel. City of St. Louis v. Laclede Gaslight Co.Supreme Court of Missouri · 1890
- Miller v. Coal Co.West Virginia Supreme Court · 1888
35 more not listed; retrieve them via the Exa API.