Legal Opinion

City of Troy v. Harris

Missouri Court of Appeals

Decided October 6, 1903PublishedCited by 4 opinions

Appeal from Lincoln Circuit Court. — Non. E. M. Hughes, Judge. (1) The ease at bar is one to enforce a penalty. In construing an ordinance, in a case of this kind, its meaning should not be expanded so as to subject anyone to a penal liability not fairly and reasonably within its language, St. Charles v. Hackman, 133 Mo. 634; City of Joplin v. Leckie, 78 Mo.

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Appeal from Lincoln Circuit Court. — Non. E. M. Hughes, Judge. (1) The ease at bar is one to enforce a penalty. In construing an ordinance, in a case of this kind, its meaning should not be expanded so as to subject anyone to a penal liability not fairly and reasonably within its language, St. Charles v. Hackman, 133 Mo. 634; City of Joplin v. Leckie, 78 Mo. App. 8. (2) A municipal corporation is powerless to extend or widen the scope of its powers under an ordinance; so as to bring within its provisions persons other than those intended by the legislative body of said municipal corporation…

1Opinion of the CourtGoode, J.

(after stating the facts as above).— This case differs from any other we have seen in some *58characteristics of the ordinance under which the conviction was obtained. The mayor ¡and board of aldermen of the city of Troy, which is a city of the fourth class, are empowered to “regulate and to license and levy and collect a license tax” on various occupations and the persons engaged in them, among others on merchants of all kinds. R. S. 1899, sec. 5978.

The business carried on by the Standard Oil Company is shown by the testimony to be such as brings it within the definition of a merchant contained…

2Cases cited28 opinions

  1. Ex parte City Council of MontgomerySupreme Court of Alabama · 1879
  2. Wrought Iron Range Co. v. JohnsonSupreme Court of Georgia · 1890
  3. Kansas City v. GrushSupreme Court of Missouri · 1899
  4. T. Gould & Co. v. Mayor of AtlantaSupreme Court of Georgia · 1876
  5. City of Aurora v. McGannonSupreme Court of Missouri · 1897

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3Cited by4 opinions

  1. Mellitz v. Sunfield Co.Supreme Court of Connecticut · 1925
  2. Talarico v. City of DavenportSupreme Court of Iowa · 1932
  3. City of Monett v. HallMissouri Court of Appeals · 1907
  4. Kansas City v. KeysMissouri Court of Appeals · 1911

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