Fowler v. City of St. Joseph
Supreme Court of Missouri
Appeal from Buchanan Court of Common Pleas. The rule of law that strictly construes the powers granted to a corporation, and requires all acts to be done in strict conformity with the provision of the act conferring the power, does not apply the construction of the ordinances passed by such corporation, and acts done by its officers in carrying out and executing a general power clearly granted, where the manner of the execution of the power is left to the discretion of the…
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Appeal from Buchanan Court of Common Pleas. The rule of law that strictly construes the powers granted to a corporation, and requires all acts to be done in strict conformity with the provision of the act conferring the power, does not apply the construction of the ordinances passed by such corporation, and acts done by its officers in carrying out and executing a general power clearly granted, where the manner of the execution of the power is left to the discretion of the corporation. When a corporation is clearly invested with power to legislate upon a particular subject, and for a…
1Opinion of the CourtWagner, Judge
By the amended charter of the City of St. Joseph, approved November 21,1857, power was given to the mayor and councilmen of said city to macadamize, pave, and otherwise improve and keep in repair, the streets, alleys and avenues in the city limits ; and it was provided that the cost of all macadamizing, paving and repairing, done in any street, alley or avenue by order of the mayor and city council, should be borne by the owners of the adjoining property, and should be apportioned and charged on the adjoining lots in proportion to their front, in manner to be described in ordinance, and…
2Cases cited3 opinions
- Corporation of the City of Washington v. PrattSupreme Court of the United States · 1823
- City of St. Joseph v. AnthonySupreme Court of Missouri · 1860
- Risley v. City of St. LouisSupreme Court of Missouri · 1864
3Cited by19 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
- Leslie v. City of St. LouisSupreme Court of Missouri · 1871
- City ex rel. McGrath v. ClemensSupreme Court of Missouri · 1872
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