RACKLIFF v. PETERS
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — No». Eenry M. Ramey, Judge. (1) The ordinance authorizing the work is void because it fails to fix the time within which the work should be completed, as required by the mandate of the Charter of St. Joseph as amended by the Act of 1903. Laws 1903, p. 64, sec. 9. Woolen Co. v. Brickwedie, 60 Cal. 166; City v. King, 57 N. Y. Supp. 116; Dickey v. Porter, 203 Mo. 36; Sedalia ex rel. v. Smith, 206 Mo.„ 366. (1) The ordinance in this cause…
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Appeal from Buchanan Circuit Court. — No». Eenry M. Ramey, Judge. (1) The ordinance authorizing the work is void because it fails to fix the time within which the work should be completed, as required by the mandate of the Charter of St. Joseph as amended by the Act of 1903. Laws 1903, p. 64, sec. 9. Woolen Co. v. Brickwedie, 60 Cal. 166; City v. King, 57 N. Y. Supp. 116; Dickey v. Porter, 203 Mo. 36; Sedalia ex rel. v. Smith, 206 Mo.„ 366. (1) The ordinance in this cause did fix the time within which the improvement should be completed at four months, from the time “the contract shall be…
1Opinion of the CourtEllison, J.
Plaintiffs’ action is based on a special taxbill issued for paving in the city of St. Joseph. The judgment in the trial court was for the plaintiffs.
Under the charter of the city of St. Joseph public work of the nature of paving streets must be authorized by ordinance, duly ordained in accordance with the charter and framed as directed by the charter. It seems that prior to the year 1903 no definite requirement was found in the charter as to the time within which public work was to be done when let to the contractor. But in that year an amendment was asked and obtained from the Legislature…
2Cases cited2 opinions
- S.F. Pioneer Woolen Factory v. BrickwedelCalifornia Supreme Court · 1882
- City of Poughkeepsie v. KingAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
- Culberson v. WatkinsSupreme Court of Georgia · 1923
- Delmar Investment Co. v. LewisMissouri Court of Appeals · 1913
- Cushing v. RichardsonMissouri Court of Appeals · 1910