City of Poplar Bluff ex rel. Jolly v. Bacon
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. O. Shop* pard, Judge. (1) The trial court correctly ruled that plaintiff’s petition stated a cause of action. Joplin ex rel. v. Hollingshead, 123 Mo. App. 602; Sedalia ex rel. y. Smith, 206 Mo. 346; Joplin ex rel. y. Freeman, 125 Mo.
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Appeal from Butler Circuit Court. — Hon. J. O. Shop* pard, Judge. (1) The trial court correctly ruled that plaintiff’s petition stated a cause of action. Joplin ex rel. v. Hollingshead, 123 Mo. App. 602; Sedalia ex rel. y. Smith, 206 Mo. 346; Joplin ex rel. y. Freeman, 125 Mo. App. 717; R. S. 1899, secs. 5858, 5859, 5860; Sessions Acts of 1901, p. 63. (2) That portion of the contract which attempted to limit the contractor to “limestone” rock was in violation of the ordinance and the contractor was not bound to use “limestone” rock, and the fact that a small per cent of the rock used would…
1Opinion of the CourtGray, J.
This is a suit for the enforcement of a special taxbill in the sum of $63.25, levied by the city of Poplar Bluff, a city of the third class, against the real estate of the defendants, for macadamizing a portion of Main street, in said city.
On the 5th day of November, 1906, the mayor and real estate of the defendants, for macadamizing a porposed improvement as follows: “The proposition is to macadamize with crushed rock four inches deep and 27 feet wide.” At the time this resolution was'passed, and for several months thereafter, no plan, specification or estimate was on file in the office of…
2Cases cited8 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
- City of Kirksville ex rel. Fleming Manufacturing Co. v. ColemanMissouri Court of Appeals · 1903
- Cushing v. PowellMissouri Court of Appeals · 1908
- State ex rel. Armstrong v. RauSupreme Court of Missouri · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of Webb City v. AylorMissouri Court of Appeals · 1912
- Heman Construction Co. v. LyonSupreme Court of Missouri · 1919
- Custer v. City of SpringfieldMissouri Court of Appeals · 1912
- Fellows v. DorseyMissouri Court of Appeals · 1913
- Schulte v. CurreyMissouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.