City of Nevada ex rel. Gilfillan v. Morris
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The tax bill made aprima facie case. R. S. 1889, sec. 1499. (2) The journal of the city council is intended as a record of the (proceedings of the council, and acts of its clerk ought not be recorded*there.
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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The tax bill made aprima facie case. R. S. 1889, sec. 1499. (2) The journal of the city council is intended as a record of the (proceedings of the council, and acts of its clerk ought not be recorded*there. (3 ) The fact that the journal of the city council did not affirmatively show the clerk had complied with the order to advertise for bids was not of itself sufficient to overcome the prima facie case made by the tax bill; but, conceding that it did, it was competent to prove the omission by parol testimony. 1 Dillon,…
1Opinion of the CourtSmith, P. J.
This was a suit on a tax bill. The petition stated that the council of the city of Nevada had duly passed an ordinance providing for curbing and guttering streets. The provision of the ordinance prescribed the kind of material and the manner of construction of the guttering and curbing. It is further stated that the' ordinance required the city council to cause the city clerk to advertise in the paper, doing the city printing, for sealed bids for making such improvements, and to let the work to the lowest bidder. The various steps taken to entitle the relator to a special tax *589bill against the…
2Cases cited1 opinion
- State v. BakerMissouri Court of Appeals · 1889
3Cited by4 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- City of Sedalia ex rel. Sedalia National Bank v. DonohueSupreme Court of Missouri · 1905
- Nash v. CraigSupreme Court of Missouri · 1896
- City of Sedalia ex rel. Sedalia National Bank v. GoldMissouri Court of Appeals · 1901