Whitworth v. Webb City
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Now. Howard Gray, Judge. (1) The ordinance must specify all the statutory requirements, and the power can only be- exercised under such an ordinance. R. S. 1899, secs. 5847, 67591. Public sewers may only he established at such points, to such extent, of such dimensions and under such regulations as may be provided by ordinance.
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Appeal from Jasper Circuit Court. — Now. Howard Gray, Judge. (1) The ordinance must specify all the statutory requirements, and the power can only be- exercised under such an ordinance. R. S. 1899, secs. 5847, 67591. Public sewers may only he established at such points, to such extent, of such dimensions and under such regulations as may be provided by ordinance. Hence, an ordinance fixing the points at which the sewer is established, its extent, dimensions and regulations is an essential prerequisite. 'Without an ordinance covering these matters the whole proceeding is void, and plaintiff…
1Opinion of the CourtBurgess, J.
This is an action to recover the sum of $7,69240, the same being a balance claimed by plaintiff: to be due him by defendant for the construction of a public sewer in defendant city, under a general and, what is claimed by plaintiff, a special ordinance, and contract therefor, based upon certain plans and specifications covering the details and manner of construction. The length of the sewer, when completed, was about eleven thousand three hundred feet. Plaintiff recovered judgment for the sum of $7,246.55, from which judgment the defendant, after unavailing motions for new trial and in…
2Cases cited18 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Aurora Water Co. v. City of AuroraSupreme Court of Missouri · 1895
- Ruggles v. CollierSupreme Court of Missouri · 1869
- Neill v. GatesSupreme Court of Missouri · 1899
- City of St. Joseph ex rel. Gibson v. OwenSupreme Court of Missouri · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stewart v. City of SpringfieldSupreme Court of Missouri · 1942
- Arkansas-Missouri Power Co. v. City of Kennett, Mo.Court of Appeals for the Eighth Circuit · 1935
- Likes v. City of RollaMissouri Court of Appeals · 1914
- Layne-Western Co. v. Buchanan CountyCourt of Appeals for the Eighth Circuit · 1936
- Meyers v. WoodMissouri Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.