Legal Opinion

State ex rel. City of Carthage v. Gordon

Supreme Court of Missouri

Decided March 9, 1909PublishedCited by 19 opinions

Mandamus, (1) Notice of the election given for fifteen days previous to such election by publication in a newspaper published in the municipality is in compliance with the statute (R. S. 1899', sec. 6351), and is therefore sufficient. Where the statute is complied with, the notice is sufficient. Hamilton v. Detroit, 85 N. W. 933; see. 6351, supra.

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Mandamus, (1) Notice of the election given for fifteen days previous to such election by publication in a newspaper published in the municipality is in compliance with the statute (R. S. 1899', sec. 6351), and is therefore sufficient. Where the statute is complied with, the notice is sufficient. Hamilton v. Detroit, 85 N. W. 933; see. 6351, supra. (2) The rate of interest is left to the discretion of the council by R. S. 1899, sec. 6353, to be fixed at “not exceeding eight per cent per annum,” and the notice of election fixing the rate at “not exceeding five per cent per annum” is within the…

1Opinion of the CourtBurgess, J.

This is an original proceeding by mandamus to compel the respondent to register waterworks bonds of the relator, the city of Carthage, Missouri, in the sum of $220,000, dated April 1, 1908, and bearing interest at the rate of five per cent per annum, payable semiannually on the first day of April and October in each year, said bonds to wholly mature within the period of fifteen years.

The relator is a city of the third class, having a population of about twelve thousand, and its present indebtedness, exclusive of the bond issue in controversy, is $40,534.37.

On the 28th day of January, 1907,…

2Cases cited15 opinions

  1. Starin v. . the Town of GenoaNew York Court of Appeals · 1861
  2. East St. Louis v. AmySupreme Court of the United States · 1887
  3. Metcalfe v. City of SeattleWashington Supreme Court · 1890
  4. Wade v. Travis CountySupreme Court of the United States · 1899
  5. Hamilton v. Village of DetroitSupreme Court of Minnesota · 1901

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3Cited by19 opinions

  1. State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
  2. duPont v. MillsSuperior Court of Delaware · 1937
  3. Excise Board v. Chicago, R. I. & P. Ry. Co.Supreme Court of Oklahoma · 1934
  4. Guthrie v. GillespieSupreme Court of Missouri · 1928
  5. Stokes v. City of MontgomerySupreme Court of Alabama · 1919

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