Town of Paris v. Graham
Supreme Court of Missouri
Appeal from Monroe Circuit Court. A body of councilmen under a town charter cannot pass ordinances or by-laws contravening or conflicting with the general statutes and policy of the State; if they do, all such ordinances and by-laws are null and void. (See the following authorities: 1 Black Com., 396, 398 ; 2 Kent, 268, 296, side p.; 1 Kent, 525, 8 table; RedfieldR.
Read the full summary
Appeal from Monroe Circuit Court. A body of councilmen under a town charter cannot pass ordinances or by-laws contravening or conflicting with the general statutes and policy of the State; if they do, all such ordinances and by-laws are null and void. (See the following authorities: 1 Black Com., 396, 398 ; 2 Kent, 268, 296, side p.; 1 Kent, 525, 8 table; RedfieldR. R., 74; id. 11,25 ; 2 Kyd on Cor. 110 ; id. 109 ; Hart v. Mayor, &c., of Albany, 9 Wend. 588 ; Durham v. Trustees of Rochester, 5 Cowan, 462; State v. Ferguson, 33 N. H. 424; Com. v. Turner, 1 Cush. 493: 18 Ohio. 523.1 I. The…
1Opinion of the CourtDryden, Judge
The only question arising in this record which this court need consider is as to the legal force of the ordinance of the town of Paris, passed the 14th of April, 1859, for the violation of which these proceedings were instituted. '
The ordinance establishes a fixed uniform tax of sixty dollars to be paid to the corporation on every dram-shop license, in every period of six months, within the limits of the town. The town charter (private and local acts of 1855, p. 174) giving authority the the council “ by ordinance, to tax, license and regulate dram-shops and tippling houses,” is silent as to…
2Cited by5 opinions
- State ex rel. Sheffel v. McCammonMissouri Court of Appeals · 1905
- Carpenter v. Reliance Realty Co.Missouri Court of Appeals · 1903
- Wood v. Kansas CitySupreme Court of Missouri · 1901
- City of Meadville v. CaselmanMissouri Court of Appeals · 1950
- Fischbach Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1935