Legal Opinion

Barnes v. City of Kirksville

Supreme Court of Missouri

Decided December 8, 1915PublishedCited by 14 opinions

Appeal from Adair Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The constitutional provisions contravened by the act are as follows: “No bill . . . shall contain more than one subject, .which shall be clearly expressed in the title” — Art. 4, sec. 28; “The General Assembly shall not pass any local or special law.”— Sec. 53, art. 4; “The General Assembly shall provide, by general laws, for the organization and classification of cities and towns.

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Appeal from Adair Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The constitutional provisions contravened by the act are as follows: “No bill . . . shall contain more than one subject, .which shall be clearly expressed in the title” — Art. 4, sec. 28; “The General Assembly shall not pass any local or special law.”— Sec. 53, art. 4; “The General Assembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such classes shall not exceed four; and the power of each class shall be defined by general laws, so that all such municipal…

1Opinion of the CourtBond, J.

This is a suit for salary alleged to be due plaintiff as marshal of the city of Kirksville. The defendant, the city of Kirksville, answered that on the 10th of March, 1914, at an election duly held, it adopted the provisions of the act of the General Assembly (Laws 1913, p. 517) permitting cities of the third class and others to organize thereunder and to exercise the powers of government therein specified; that it became duly organized and officered as provided in said act and vested with all the powers and privileges granted thereby; that in the exercise of such powers and duties its mayor…

2Cases cited4 opinions

  1. Bradley v. ReppellSupreme Court of Missouri · 1896
  2. Kansas City v. StegmillerSupreme Court of Missouri · 1899
  3. Burnham v. RogersSupreme Court of Missouri · 1902
  4. State ex rel. Halsey v. ClaytonSupreme Court of Missouri · 1910

3Cited by14 opinions

  1. Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
  2. Matter of Laguardia v. SmithNew York Court of Appeals · 1942
  3. Pitman v. DrabelleSupreme Court of Missouri · 1916
  4. Eggers v. KennySupreme Court of New Jersey · 1954
  5. State Ex Rel. Attorney-General v. Kansas CitySupreme Court of Missouri · 1925

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