Merriam v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — No». Ghesley A. Mosman, Judge. Statement. — “This is a suit in equity to enjoin the defendant from laying a spur track in an unpaved alley twenty feet wide, running north and south through blocks 42 and 43 in Patee’s addition to the city of St. Joseph.
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Appeal from Buchanan Circuit Court. — No». Ghesley A. Mosman, Judge. Statement. — “This is a suit in equity to enjoin the defendant from laying a spur track in an unpaved alley twenty feet wide, running north and south through blocks 42 and 43 in Patee’s addition to the city of St. Joseph. The relief is asked upon the grounds: “First.- That the city ordinance under which the defendant claims the right to lay the track was not passed in the common council by the requisite number of votes, and is therefore void; and, “Second. That on account of the narrowness of the alley and the fact that it…
1Opinion of the CourtBroaddus, P. J.
(after stating the facts). — It is the contention of the defendant that by the language of the act the president of the common council is expressly constituted a member, with limited powers. A reading of section 3, define his powers and duties, in so far as he may act in a legislative capacity. He can only vote at a meeting of the council in cases where a tie in the vote of the members occurs. But we do not think that alone would constitute him a .member of the council. So far as legislation was concerned the president was merely the presiding officer of the council.' If he was not a member…
2Cases cited1 opinion
- Truesdill v. RoachWisconsin Supreme Court · 1960
3Cited by3 opinions
- Smiley v. CommonwealthSupreme Court of Virginia · 1914
- Brown v. City of DurantSupreme Court of Oklahoma · 1956
- Bugg v. City of BoonvilleMissouri Court of Appeals · 2012