Bates v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) A taxpayer may maintain a suit in equity to enjoin the misappropriation of public funds.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) A taxpayer may maintain a suit in equity to enjoin the misappropriation of public funds. Hooper v. Ely, 46 Mo. 505; Hitchcock v. St. Louis, 49 Mo. 484; Newmeyer v. Railroad, 52 Mo. 81; Matthis v. Town of Cameron, 62 Mo. 506; Wagner v. Meety, 69 Mo. 150; Campbell v. St. Louis, 71 Mo. 106; Ranney v. Bader, 67 Mo. 476; Crampton v. Zabriskie, 101 U. S. 601; People v. Dyer, 90 N. Y. 404; Erame v. Felix, 167 Pa. St. 47; Barry v. Good, 89 Cal. 215; Nalle v. Austin, 85 Tex. 520. (2) The mayor of St. Louis is not entitled to the…
1Opinion of the CourtBrace, P. J.
This is a proceeding in equity by injunction to restrain the city treasurer from paying the defendant Walbridge, at that time mayor of the city, his salary as such for three specified days in the month of March, 1896, during which time it is alleged in the petition he was absent from the city on business not pertaining to the business of his *20office as mayor, and the duties thereof were performed by the proper officers designated by the charter, who received therefor the same salary that the mayor himself would have been entitled to receive. A demurrer to the petition was sustained and from…
2Cases cited2 opinions
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
- State ex rel. Chapman v. WalbridgeSupreme Court of Missouri · 1899
3Cited by13 opinions
- Leckenby v. Post Printing & Publishing Co.Supreme Court of Colorado · 1918
- Maxwell v. Andrew CountySupreme Court of Missouri · 1941
- Jackson v. WildeCalifornia Court of Appeal · 1921
- State v. StockwellNorth Dakota Supreme Court · 1911
- Young v. Town of MorrisSupreme Court of Oklahoma · 1915
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