Legal Opinion

Sheehan v. Owen

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 19 opinions

Appeal from Buchanan Circuit Court. — IIon. Silas Wooivson, Special Judge. The petition does not state a cause of action. Egerman v. Hardy, 8 Mo. App. 313; Neenan v. Smith, 50 Mo. 530; City, etc., v. Clemens, 49 Mo. 554; Weber v. Schergens, 59' Mo. 393. The notices given by the city engineer did not, comply with the ordinances of the city, and the contract was thereby vitiated.

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Appeal from Buchanan Circuit Court. — IIon. Silas Wooivson, Special Judge. The petition does not state a cause of action. Egerman v. Hardy, 8 Mo. App. 313; Neenan v. Smith, 50 Mo. 530; City, etc., v. Clemens, 49 Mo. 554; Weber v. Schergens, 59' Mo. 393. The notices given by the city engineer did not, comply with the ordinances of the city, and the contract was thereby vitiated. Brady v. City, 20 N. Y. 812; Riley v. Oppenheimer, 55 Mo. 375. The publication of the notice did not meet the requirements of the ordinance. The mayor and council did not act concurrently in awarding the contract as…

1Opinion of the CourtHenry, J.

By this suit plaintiff seeks to recover of ■defendant the amount of two special tax bills, issued by the city of St. Joseph to plain tiff, against two lots of defendant for their proportion of the cost of macadamizing, paving and curbing the street upon which they front, and in his petition the ordinances of the city under which the work was done and all other necessary facts were alleged, unless the following point made by defendant is well taken, viz : that the petition shows a departure from the rule of assessment prescribed by the charter, in that the lots in question were charged with…

2Cases cited5 opinions

  1. Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
  2. Saxton v. City of St. JosephSupreme Court of Missouri · 1875
  3. Knight v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
  4. Saxton v. BeachSupreme Court of Missouri · 1872
  5. Graham v. City of CarondeletSupreme Court of Missouri · 1862

3Cited by19 opinions

  1. Cole v. SkrainkaSupreme Court of Missouri · 1891
  2. Rutherford v. HamiltonSupreme Court of Missouri · 1888
  3. Warren v. Barber Asphalt Paving Co.Supreme Court of Missouri · 1893
  4. Gibson v. OwensSupreme Court of Missouri · 1893
  5. Meyers v. WoodMissouri Court of Appeals · 1913

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