Morse v. City of West Port
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) Express authority is given by Revised Statutes, 1889, section 1589, to cities of the fourth class to pave their streets. The word ‘ ‘building” used in the statutes includes “paving.” (2) The ordinance is not an unreasonable one. The passage of the ordinance for doing the work is of itself a strong presumption that the ordinance was reasonable. State v. Trenton, 20 Atl.
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Appeal from Jackson Circuit Court. (1) Express authority is given by Revised Statutes, 1889, section 1589, to cities of the fourth class to pave their streets. The word ‘ ‘building” used in the statutes includes “paving.” (2) The ordinance is not an unreasonable one. The passage of the ordinance for doing the work is of itself a strong presumption that the ordinance was reasonable. State v. Trenton, 20 Atl. Rep. 1076. The authorities of a city have a large discretion as to the necessity or expediency of the ordinance they adopt. Corrigan v. Gage, 68 Mo. 544. (3) The guaranty provision in the…
1Opinion of the CourtShebwood, P. J.
The defendant, the city of Westport, is a city of the fourth class, operating under the general laws of the state. On the thirteenth day of October, 1891, defendant, the city of Westport, duly passed an ordinance authorizing the paving of Warwick boulevard, a street within its corporate limits, with a pavement known as asphaltum. Subsequently thereto, and on the twenty-first day of October, 1891, the said city of Westport, after advertising for bids, duly entered into a contract with the defendant, the Barber Asphaltum Paving Company, to pave said Warwick boulevard in accordance with the…
2Cases cited2 opinions
- Corrigan v. GageSupreme Court of Missouri · 1878
- State v. Inhabitants of TrentonSupreme Court of New Jersey · 1890
3Cited by21 opinions
- Boyd v. City of MilwaukeeWisconsin Supreme Court · 1896
- State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
- Fisher v. City of AstoriaOregon Supreme Court · 1928
- Warren v. Barber Asphalt Paving Co.Supreme Court of Missouri · 1893
- State ex rel. Musser v. BirchSupreme Court of Missouri · 1905
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