City of Carondelet v. Picot
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. The court below erred in sustaining the demurrer to the plaintiff’s declaration. The City of Carondelet, among other enumerated powers, has power to provide for the construction and repair of all side-walks and curb-stones, and for the cleaning of the same, and of the gutters, at the expense of the • owners of the ground fronting thereon — Sess.
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Error to St. Louis Circuit Court. I. The court below erred in sustaining the demurrer to the plaintiff’s declaration. The City of Carondelet, among other enumerated powers, has power to provide for the construction and repair of all side-walks and curb-stones, and for the cleaning of the same, and of the gutters, at the expense of the • owners of the ground fronting thereon — Sess. Acts 1851, p. 145, s. d. 37 of § 4, Art. V. Section- 5th enacts that “ the city council shall have power to make all ordinances which shall be necessary and proper for carrying into effect the powers specified in…
1Opinion of the CourtWagner, Judge
The court sustained a demurrer to the petition in this case^ and the» only question that arises is, whether the City of -Carondelet had power by its charter: to authorize the bringing of a personal suit against the defendant to the use *127of 'the plaintiff, for special taxes assessed against him for .constructing side-walks, pavements, and putting up curbing, fronting his property in said city.
By the “ Act to incorporate the City of Carondelet,” approved March 1st, 1861, (Sess. Acts 1851, p. 139,) in § 4, Art. V., power is given the city to remove all obstructions from the side-walks, and to…
2Cases cited4 opinions
- Beaty v. Lessee of KnowlerSupreme Court of the United States · 1830
- Blair v. Perpetual InsuranceSupreme Court of Missouri · 1847
- City of St. Louis v. RussellSupreme Court of Missouri · 1845
- City of St. Louis v. ClemensSupreme Court of Missouri · 1865
3Cited by43 opinions
- City Council v. LombardSupreme Court of Georgia · 1897
- City of Boston v. TurnerMassachusetts Supreme Judicial Court · 1909
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- City of Henrietta v. EustisTexas Supreme Court · 1894
- Raynsford v. PhelpsMichigan Supreme Court · 1880
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