Hilgert v. Barber Asphalt Paving Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Row. A. M. Woodson, Judge. Filed lengthy argument. Also filed argument. STATEMENT BY SMITH, P. T, This is a suit in equity.
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Appeal from Buchanan Circuit Court. — Row. A. M. Woodson, Judge. Filed lengthy argument. Also filed argument. STATEMENT BY SMITH, P. T, This is a suit in equity. The substantive allegations of the petition were: 1. That the city of St. Joseph was a city of the second class and that Ashland avenue was a public street in said city on which certain lots, of which plaintiff was owner in fee, abutted. 2. That on January 26, 1901, the common council of said city passed and the mayor approved special ordinance No. 2936 by the first section of which Ashland avenue from the north line of Frederick…
1Opinion of the CourtSmith, P. J.
It seems to be conceded that the contract for making the improvement was not valid and effective unless confirmed by an ordinance passed by the common council. And the first question raised by the appeal is whether or not the ordinance confirming *391the contract and purporting to have been -passed by the common council on March 18,1901, is valid. By section 5490, .Revised Statutes, the legislative functions of the cities of the second class were vested in a common counr cil composed of two aldermen from each ward. It is further conceded that the common council which passed said confirmatory…
2Cases cited28 opinions
- Bowers v. SmithSupreme Court of Missouri · 1892
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Neill v. GatesSupreme Court of Missouri · 1899
23 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Case v. Liquor Control CommissionMichigan Supreme Court · 1946
- City of Boonville ex rel. Cosgrove v. StephensSupreme Court of Missouri · 1911
- Fisher v. L. E. Whitham & Co.Texas Supreme Court · 1931
- Schibel v. MerrillSupreme Court of Missouri · 1904
- State ex rel. Sanks v. JohnsonMissouri Court of Appeals · 1909
3 more not listed; retrieve them via the Exa API.