City of Lexington ex rel. Menefee v. Commercial Bank
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — Son. Samuel Davis, Judge. (1) The charter of a city is in the nature of a power of attorney and the authority conferred must he carried out in the manner prescribed and when a special method is prescribed for the exercise of a power, this brings the exercise of a power within the provisions of the maxim expressio wnius, etc., and renders nugatory the doing of the thing specified except in the way pointed out.
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Appeal from Lafayette Circuit Court. — Son. Samuel Davis, Judge. (1) The charter of a city is in the nature of a power of attorney and the authority conferred must he carried out in the manner prescribed and when a special method is prescribed for the exercise of a power, this brings the exercise of a power within the provisions of the maxim expressio wnius, etc., and renders nugatory the doing of the thing specified except in the way pointed out. Unionville v. Martin, 95 Mo. App. 36; Nolkmeyer v. City of Jefferson, 75 M’o. App. 683; Dickey v. Holmes,'109 Mo. App. 721; Gninotte v. Egel-hoff,…
1Opinion of the CourtJohnson, J.
Action on a special taxbill issued by the city of Lexington (a city of the third class), pursuant to an assessment levied to pay the cost of paving one of the public streets. A trial was had before a jury, verdict and judgment were for plaintiff for the full amount demanded, and the cause is here on appeal of defendant. The improvement, on account of which the taxbill was issued, was made under the provisions of an act of the Legislature passed in 1901, which repealed sections 5858, 5859, 5860, Revised Statutes 1899, and enacted new sections in lieu thereof (Laws 1901, p. S3-et seq). The…
2Cases cited14 opinions
- Rose v. TrestrailMissouri Court of Appeals · 1895
- Gibson v. OwensSupreme Court of Missouri · 1893
- Mason v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1898
- City of Sedalia ex rel. Taylor v. SmithSupreme Court of Missouri · 1907
- Mabray v. Kelly-Goodfellow Shoe Co.Missouri Court of Appeals · 1898
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3Cited by24 opinions
- Springer v. Government of Philippine IslandsSupreme Court of the United States · 1928
- State ex rel. Blakeslee v. ClausenWashington Supreme Court · 1915
- Southern California Gas Co. v. City of Los AngelesCalifornia Supreme Court · 1958
- People v. HinderliderSupreme Court of Colorado · 1936
- State Ex Rel. Curtis v. DeCorpsOhio Supreme Court · 1938
19 more not listed; retrieve them via the Exa API.