Steines v. Franklin County
Supreme Court of Missouri
Appeal from . St. Louis Circuit Court. among other points made the following, in respect to the powers and acts of municipal corporations: Where power is given upon condition, the condition must be fulfilled or the power is never acquired. Where the law prescribes their acts to be of record, then no act unrecorded can be valid-; and this applies to acts preliminary to the acquisition of power, as well as to acts done after power is acquired.
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Appeal from . St. Louis Circuit Court. among other points made the following, in respect to the powers and acts of municipal corporations: Where power is given upon condition, the condition must be fulfilled or the power is never acquired. Where the law prescribes their acts to be of record, then no act unrecorded can be valid-; and this applies to acts preliminary to the acquisition of power, as well as to acts done after power is acquired. Where power is not acquired, or where acquired and the acts done under it are not of record, when the law requires they shall be, negotiable paper issued…
1Opinion of the CourtWagner, Judge
This was a petition in the nature of a bill in equity, brought by the appellants, who are citizens and tax-p'ayers of Franklin county, asking for a decree declaring a contract and certain orders of their County Court void, and requiring a cancellation and delivery of bonds issued under said contract, and for an injunction restraining their payment, sale or transfer, and restraining the assessment, levy or collection of a tax for the purpose of their payment.
The controversy springs out of a contract made by the County Court of Franklin county with Budd & Decker for the macadamizing and…
2Cases cited19 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Mercer County v. HacketSupreme Court of the United States · 1864
- Supervisors v. SchenckSupreme Court of the United States · 1867
- Moran v. the Commissioners of Miami CountySupreme Court of the United States · 1863
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3Cited by50 opinions
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- Smith v. County of ClarkSupreme Court of Missouri · 1873
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
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