City of Independence ex rel. Smith v. Briggs
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Cotort. — Hon. James Gibson, Judge. (1) The simple statement of this ease is enough to indicate that the finding should have been for plaintiff. The court took the position that the ordinance only authorized the grading of that part of the street exclusive of the portion designated as sidewalk. This position is wholly untenable.
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Appeal from the Jaclcson Circuit Cotort. — Hon. James Gibson, Judge. (1) The simple statement of this ease is enough to indicate that the finding should have been for plaintiff. The court took the position that the ordinance only authorized the grading of that part of the street exclusive of the portion designated as sidewalk. This position is wholly untenable. This was an ordinance passed by the city of Independence, a city of the third class, and they had authority and right to include both grading and macadamizing in one and the same ordinance. R. S. 1889, p. 430, see. 1501. The ordinance…
1Opinion of the CourtEllison, J.
This is an action to enforce a special tax bill issued by plaintiff. The court below held the-bill to be void.
The bill has its origin in the grading and macadamizing* of Alton avenue, a street in said city. The ordinance authorizing the work is as follows: “Section 1. That Alton avenue be macadamized from the east line of Main street to the eastern limits of the city in the following manner: The entire length of the street, to be graded the full width thereof; the macadam stone to be laid from curb line to curb line, including intersecting streets to the full width of Alton avenue * * * It…
2Cases cited8 opinions
- City of Kokomo v. MahanIndiana Supreme Court · 1885
- City of Bloomington v. BayIllinois Supreme Court · 1867
- In Matter of Petition of BurmeisterNew York Court of Appeals · 1879
- Taber v. GrafmillerIndiana Supreme Court · 1887
- Butler v. City of DetroitMichigan Supreme Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Morrow v. Barber Asphalt Paving Co.Supreme Court of Oklahoma · 1910
- 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
- Hill v. SwingleySupreme Court of Missouri · 1900
- Frazier v. City of RockportMissouri Court of Appeals · 1918
4 more not listed; retrieve them via the Exa API.