Joplin Consolidated Mining Co. v. City of Joplin
Supreme Court of Missouri
Appeal from Neivton Circuit Court.—Hon. M. G. Mc-Gregor, Judge. (1) There can be no question as to the power of the city to establish a general sewer system. R. S. 1889, sec. 1544. The city exercised the power by ordinance. The city may condemn land for sewer route.
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Appeal from Neivton Circuit Court.—Hon. M. G. Mc-Gregor, Judge. (1) There can be no question as to the power of the city to establish a general sewer system. R. S. 1889, sec. 1544. The city exercised the power by ordinance. The city may condemn land for sewer route. R. S. 1889, sees. 1524 and 1544, ordinance number 119. (2) If the act or charter authorizing the appropriation of the property itself provides a specific remedy to the landowner by which the amount of his compensation shall be ascertained, that method, if it is complete or adequate, is usually regarded as exclusive. Dillon on…
1Opinion of the CourtBlack, P. J.
The plaintiff corporation brought this suit to enjoin the city of Joplin, a city of the third class having a population of ten or twelve thousand inhabitants, from building a public sewer over certain lands owned by plaintiff. The circuit court made the temporary injunction perpetual, and the city appealed to the St. Louis court of appeals. That court transferred the cause to this court because of certain alleged constitutional questions raised by plaintiff in support of the decree of the circuit court.
There is no dispute as to the following general outline facts of the case: The plaintiff…
2Cases cited10 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Aldridge v. SpearsSupreme Court of Missouri · 1890
- City of Savannah v. HancockSupreme Court of Missouri · 1886
- Chicago, Milwaukee & St. Paul Railway Co. v. BakerSupreme Court of Missouri · 1890
- City of Kansas v. BairdSupreme Court of Missouri · 1889
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3Cited by27 opinions
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- City of Norwood v. SheenOhio Supreme Court · 1933
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Stewart v. City of SpringfieldSupreme Court of Missouri · 1942
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