Legal Opinion

State ex rel. Kansas City Loan Guarantee Co. v. Kent

Missouri Court of Appeals

Decided February 2, 1903PublishedCited by 10 opinions

Appeal from. Jackson Circuit Court. — Hem. J. H. Slover, Judge. (1) Relator must establish, its clear legal right to the warrant sought. State ex rel. v. Newman, 91 Mo. 445; State ex rel. v. Williams, 99 Mo. 291; State ex rel. v. Lesueur, 136 Mo. 452; State ex rel. v. Johnson, 123 Mo. 43. (2) Relator’s right to said warrant as assignee is determined by the contract of employment between Dock Wilson and Kansas City. Sumrall v. Ins.

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Appeal from. Jackson Circuit Court. — Hem. J. H. Slover, Judge. (1) Relator must establish, its clear legal right to the warrant sought. State ex rel. v. Newman, 91 Mo. 445; State ex rel. v. Williams, 99 Mo. 291; State ex rel. v. Lesueur, 136 Mo. 452; State ex rel. v. Johnson, 123 Mo. 43. (2) Relator’s right to said warrant as assignee is determined by the contract of employment between Dock Wilson and Kansas City. Sumrall v. Ins. Co., 40 Mo. 27; Babb v. Taylor, 56 Mo. 311; Thompson v. Roatcap, 27 Mo. 283. (3) Kansas City, in making such contract, acted in its private or business capacity as…

1Opinion of the CourtEllison, J.

The relator is the assignee of an account of $8.75 for labor in the stables of the waterworks department of Kansas City, Missouri performed by one Dock Wilson. The defendant is the. auditor of Kansas City and refused to give to relator, as such assignee, a city warrant for said sum. The relator thereupon instituted this proceeding by mandamus to compel the delivery of the warrant. The trial court granted the writ and the city appealed. The refusal of the city auditor is based upon the following ordinance of the city, claimed to prohibit an assignment of wages or salaries, to-wit:

“Section 1.…

2Cases cited15 opinions

  1. Hobbs v. McLeanSupreme Court of the United States · 1886
  2. Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
  3. Goodman v. NiblackSupreme Court of the United States · 1881
  4. Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
  5. United States v. GillisSupreme Court of the United States · 1877

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3Cited by10 opinions

  1. Lelande v. LoweryCalifornia Supreme Court · 1945
  2. Coleman v. Kansas CitySupreme Court of Missouri · 1941
  3. Gregory v. Kansas CitySupreme Court of Missouri · 1912
  4. Sacks v. Neptune Meter Co.Appellate Terms of the Supreme Court of New York · 1932
  5. Barringer v. Bes Line Const. Co.Supreme Court of Oklahoma · 1909

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