City of St. Joseph ex rel. King Hill Brick & Manufacturing Co. v. McCabe
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) It was the duty of the city engineer, under the ordinances of the city and under the charter as a city of the second class (1 R. S. 1889, sec. 1406, latter part of section on page 408), to take chai’ge of and superintend the improvement of Fifth street, and to issue tax bills therefor in favor of the contractors, when, and only when, the work was completed - in substantial ■compliance with the contract…
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Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) It was the duty of the city engineer, under the ordinances of the city and under the charter as a city of the second class (1 R. S. 1889, sec. 1406, latter part of section on page 408), to take chai’ge of and superintend the improvement of Fifth street, and to issue tax bills therefor in favor of the contractors, when, and only when, the work was completed - in substantial ■compliance with the contract and the ordinances of the city. (2) The duties of the city engineer in looking after and seeing to the enforcement of…
1Opinion of the CourtSmith, P. J.
This is a suit instituted in the circuit court of Buchanan county, to recover from defendant, McCabe, and the sureties on his bond as city engineer of the city of St. Joseph, the amount which relator, the said Brick and Manufacturing Company, lost on certain tax bills for street improvement, purchased by it, and which were illegally issued and certified by said McCabe, as such city engineer. The petition after setting out the official bond of McCabe, and the conditions thereof, charges that said conditions were broken in the issue and certification of said tax bills to H. G. Getehell &…
2Cases cited4 opinions
- Pike v. MegounSupreme Court of Missouri · 1869
- Reed v. ConwaySupreme Court of Missouri · 1854
- Edwards v. FergusonSupreme Court of Missouri · 1881
- King Hill Brick Manufacturing Co. v. HamiltonMissouri Court of Appeals · 1892
3Cited by2 opinions
- Schooler v. ArringtonMissouri Court of Appeals · 1904
- State ex rel. Prosperity Building & Loan Ass'n v. HanleyMissouri Court of Appeals · 1898