City of Lexington ex rel. Price v. Lafayette County Bank
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Section'6, of the city charter, which authorizes the city to levy a special tax for the erection of.......waterworks and the purchase of..............waterworks, and the entire section, which is lengthy, shows that the powers are strictly limited to such erection or purchase of waterworks and can not by any implication authorize a tax for hydrant rental from a waterworks owned by some other person or…
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Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Section'6, of the city charter, which authorizes the city to levy a special tax for the erection of.......waterworks and the purchase of..............waterworks, and the entire section, which is lengthy, shows that the powers are strictly limited to such erection or purchase of waterworks and can not by any implication authorize a tax for hydrant rental from a waterworks owned by some other person or company. Nor can such power be delegated. Waterworks Co. v. City of Kansas, 20 Mo. App. 237; Railroad v. .Morley, 45 Mo. App.…
1Opinion of the CourtValliant, J.
This suit is to collect taxes assessed by the city of Lexington for the purpose of raising a fund with which to discharge its obligation to the Lexington Water Company for the rent of hydrants furnished by the company to the city under a contract. The corporate power of the city to make the contract and lay the tax is denied by the defendant, and that denial raises the chief question in the ease.
There is no dispute as to the facts. Lexington is a city of less than ten thousand and more than one thousand inhabitants, existing under a special charter granted in 1845, and amended in 1870, it…
2Cases cited7 opinions
- Lamar Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1895
- State ex rel. Dickason v. County CourtSupreme Court of Missouri · 1895
- Aurora Water Co. v. City of AuroraSupreme Court of Missouri · 1895
- Lamar, Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1897
- State ex rel. Kansas City Park District v. County CourtSupreme Court of Missouri · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Upon the Information of McKittrick v. Springfield City Water Co.Supreme Court of Missouri · 1939
- State ex rel. Standard Fire Insurance v. GanttSupreme Court of Missouri · 1918
- Snook v. PageCalifornia Court of Appeal · 1915
- Gay v. BrentCourt of Appeals of Kentucky · 1915
- Murphy v. Hurlbut Undertaking & Embalming Co.Supreme Court of Missouri · 1940
5 more not listed; retrieve them via the Exa API.