Legal Opinion

Worley v. Inhabitants of Columbia

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 19 opinions

Appeal from Boone Circuit Court. — .Hon. Gf. IT. Burok hartt, Judge. (1) The trial court erred in sustaining demurrer tc petition, as courts cannot take judicial cognizance oi charters incorporating towns as they may do of public statutes. 1 Gfreenleaf ’s Evid., sec. 479 and 480; Inhabitants of Town of Benton n. Robinson, 75 Mo. 194; Bowie n.

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Appeal from Boone Circuit Court. — .Hon. Gf. IT. Burok hartt, Judge. (1) The trial court erred in sustaining demurrer tc petition, as courts cannot take judicial cognizance oi charters incorporating towns as they may do of public statutes. 1 Gfreenleaf ’s Evid., sec. 479 and 480; Inhabitants of Town of Benton n. Robinson, 75 Mo. 194; Bowie n. Kansas City, 51 Mo. 454. (2) Appellee as’a corporation under its charter had authority to levy and collect taxes off of property, real and personal, and license shows, circuses, etc., within its corporate limits, and its ordinance, although void, passed…

1Opinion of the CourtRay, J.

This is an action for damages occasioned by the arrest and false imprisonment of plaintiff, by the officers' of the town of Columbia, defendant. A demurrer to the petition, which was in two counts, was successfully interposed at the trial, upon the general grounds that the same fails to state facts sufficient to constitute a cause of action, and upon special grounds set forth in said demurrer. It substantially appears from the first count of the petition, that the defendant is organized under the laws of this state, for the incorporation of towns and villages, and that it had at the time of…

2Cases cited7 opinions

  1. Calwell v. City of BooneSupreme Court of Iowa · 1879
  2. Bowie v. City of KansasSupreme Court of Missouri · 1873
  3. Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
  4. Hunt v. City of BoonvilleSupreme Court of Missouri · 1877
  5. Dooley v. City of KansasSupreme Court of Missouri · 1884

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3Cited by19 opinions

  1. Auslander v. City of St. LouisSupreme Court of Missouri · 1933
  2. Peters v. City of LindsborgSupreme Court of Kansas · 1889
  3. City of Lawton v. HarkinsSupreme Court of Oklahoma · 1912
  4. City of St. Louis v. GlasgowSupreme Court of Missouri · 1914
  5. Cummings v. LobsitzSupreme Court of Oklahoma · 1914

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