Flagg v. Mayor of Palmyra
Supreme Court of Missouri
Appeal from Marion Circuit Court. I. The 43d section of the 6th article of “An act to incorporate the City of Palmyra,” approved November 23, 1855, (Acts Adj’d Session, 1855, p. 186,) provides that “all ordinances passed by the city council shall, within one month after they shall have been passed, be published in some newspaper published in the city,' and shall not be in force till so published.”
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Appeal from Marion Circuit Court. I. The 43d section of the 6th article of “An act to incorporate the City of Palmyra,” approved November 23, 1855, (Acts Adj’d Session, 1855, p. 186,) provides that “all ordinances passed by the city council shall, within one month after they shall have been passed, be published in some newspaper published in the city,' and shall not be in force till so published.” The defendants denied that any valid ordinance-or law of the city authorized the subscription. The burthen was on plaintiffs to show some law or ordinance in force to sustain the subscription. But…
1Opinion of the CourtBates, Judge
A number of questions are presented in this case, some of which are both important and difficult. Only such of them will be noticed as we think necessary for the decision of the case.
On the 9th day of February, 1857, there was approved an act passed by the General Assembly entitled “An act to amend an act entitled ‘ An act to incorporate the City of Palmyra,’ ” approved November 23,1855, as follows:
“Be it enacted by the General Assembly of the State of
Missouri as folimos:
“ § 1. That whenever the citizens of said city are desirous that the city subscribe for stock in any railroad company which…
2Cited by26 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Steines v. Franklin CountySupreme Court of Missouri · 1871
- Smith v. County of ClarkSupreme Court of Missouri · 1873
- State ex rel. City of Memphis v. HackmanSupreme Court of Missouri · 1918
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