State ex rel. Gourley v. Mayor of Kansas City
Missouri Court of Appeals
Appeal from the -Jachson Circuit Court. — Hon. James Gibson, Judge. (1) It is the duty of the mayor and common council of Kansas City, within the first month of each fiscal year, to apportion the revenue to be raised for such year to the expenses of the several departments and for all public works tinder proper headings, and for such other objects as may be necessary to provide for; and no payment can be made from any revenue or fund account in excess of the amount actually…
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Appeal from the -Jachson Circuit Court. — Hon. James Gibson, Judge. (1) It is the duty of the mayor and common council of Kansas City, within the first month of each fiscal year, to apportion the revenue to be raised for such year to the expenses of the several departments and for all public works tinder proper headings, and for such other objects as may be necessary to provide for; and no payment can be made from any revenue or fund account in excess of the amount actually collected and in the treasury. Charter of Kansas City, 1889, art. 3, sec. 2, p. 19. (2) “Apportion” means to set apart…
1Opinion of the CourtSmith, P. J.
This is a proceeding in which the relator has invoked the extraordinary remedy of mandamus to compel the respondents, who are appellants here, to pay a judgment. The return of the respondents interposes the defense that there “are no funds in the city treasury available for the payment of the judgment.” It appears from the record before us that the relator recovered a judgment against the city for the sum of $300 before a justice of the peace, which *128was subsequently declared to be valid by a superior court of general jurisdiction; that the relator caused one or more executions to be issued on…
2Cases cited3 opinions
- State ex rel. Watkins v. Macon County CourtSupreme Court of Missouri · 1878
- Commonwealth ex rel. Price & Roberts v. Commissioners of PhiladelphiaSupreme Court of Pennsylvania · 1835
- State ex rel. Cassidy v. SlavensSupreme Court of Missouri · 1882
3Cited by2 opinions
- Pryor v. Kansas CitySupreme Court of Missouri · 1899
- Johnson v. City of SheffieldSupreme Court of Alabama · 1938