Legal Opinion

Mechanics' Bank v. City of Kansas

Supreme Court of Missouri

Decided April 15, 1881PublishedCited by 12 opinions

Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. The well established doctrine is, that neither the legislature nor the courts have any power to vary or impair -charter rights.

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Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. The well established doctrine is, that neither the legislature nor the courts have any power to vary or impair -charter rights. Lionberger v. Bowse, 43 Mo. 67, 82; Home of the Friendless v. Bouse, 8 Wall. 437; State Bank v. Knoop, 16 How. 369; Wilmington B. B. Co. v. Beid, 13 Wall. 266; Pacific B. B. Co. v. Maguire, 20 Wall. 36. The charter was granted subject to the provisions of section 7, chapter 34, Revised Statutes 1845, which reserved to the legislature the right to alter, amend or repeal every charter which it should…

1Opinion of the CourtNorton, J.

This is a suit in chancery, the purpose of which was to enjoin and restrain defendant from selling certain real estate of plaintiff for the payment of taxes assessed ,and levied thereon by the City of Kansas for the years 1867, 1868, 1869, 1870, 1871, 1872, 1873, 1874 and 1875. Upon the hearing of the cause the court made the injunction perpetual as to all taxes for the year 1873 and years prior thereto, and dissolved the same as to the taxes of 1874 and 1875. From this judgment and decree both parties have appealed to this court.

It appears from the record before us that in 1859 a branch of…

2Cases cited8 opinions

  1. Piqua Branch of State Bank of Ohio v. KnoopSupreme Court of the United States · 1854
  2. Home of the Friendless v. RouseSupreme Court of the United States · 1869
  3. Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
  4. Leslie v. City of St. LouisSupreme Court of Missouri · 1871
  5. Fowler v. City of St. JosephSupreme Court of Missouri · 1866

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3Cited by12 opinions

  1. Verdin v. City of St. LouisSupreme Court of Missouri · 1895
  2. State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
  3. State ex rel. Kenamore v. WoodSupreme Court of Missouri · 1900
  4. Washington University v. BaumannSupreme Court of Missouri · 1937
  5. North St. Louis Gymnastic Society v. HudsonMissouri Court of Appeals · 1882

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