Barber Asphalt Paving Co. v. Hunt
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. Shepard Barclay, Judge. (1) The ordinances authorizing the work were not passed in accordance with the charter requirements : (a) The journal shows that two necessary prerequisites of the charter were not complied with, viz.: That the speaker before affixing his signature should “suspend all other business and declare that such bill shall now be read,” and also “before any other business is entertained” affix his signature,…
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Appeal from St. Louis City Circuit Court.—Hon. Shepard Barclay, Judge. (1) The ordinances authorizing the work were not passed in accordance with the charter requirements : (a) The journal shows that two necessary prerequisites of the charter were not complied with, viz.: That the speaker before affixing his signature should “suspend all other business and declare that such bill shall now be read,” and also “before any other business is entertained” affix his signature, which fact shall be noted in the journal. (b) The bills were never returned to the house in which they originated, and, for…
1Opinion of the CourtSherwood, J.
This cause was tried without the intervention of a jury, and resulted in a judgment for the plaintiffs, enforcing the lien of certain tax bills, and from this judgment the defendant appeals.
The grounds upon which the defendant resists the payment of the tax bills in suit are two : First, that the ordinances in question were not passed and approved as required by the charter; and, second, that the work *26provided for in the ordinances was not let as provided in section 27, article 6, of the charter.
The charter provisions in respect to passing ordinances, article 3, section 22, are as follows :…
2Cases cited7 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Mills v. CharletonWisconsin Supreme Court · 1872
- State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
- Matter of Petition of Anthony DugroNew York Court of Appeals · 1872
- Dean v. CharltonWisconsin Supreme Court · 1869
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3Cited by35 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Wallace v. BOARD OF EDUCATION OF MONTGOMERY CTY.Supreme Court of Alabama · 1967
- Mayor of Baltimore v. FlackCourt of Appeals of Maryland · 1906
- Aurora Water Co. v. City of AuroraSupreme Court of Missouri · 1895
- Swift v. City of St. LouisSupreme Court of Missouri · 1904
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