City of Sedalia ex rel. Gilsonite Construction Co. v. Montgomery
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. W. C. Davidson, Judge. (1) The court erred in admitting the papers offered by defendants, without proper proof of their execution and of the facts assumed therein.
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Appeal from Franklin Circuit Court. — Hon. W. C. Davidson, Judge. (1) The court erred in admitting the papers offered by defendants, without proper proof of their execution and of the facts assumed therein. A paper produced from the files of the city clerk, and purporting to be a remonstrance against a street improvement, and purporting to be signed by forty-three persons, does not prove itself, and is not competent evidence that the persons whose names appear thereon ever signed the paper or authorized any other person to sign for them; and is not competent evidence that such persons own…
1Opinion of the CourtFox, J.
This suit originated in January, 1992, and was brought by the plaintiff in the circuit court of Pettis county, in which it was sought to recover the respective amounts due upon special taxbills which were issued by the city of Sedalia in payment for paving west Sixth street in said city.
The record discloses that during the progress of this controversy, by proper orders, other parties were made defendants, either by substitution or by being permitted to enter their appearance in the cause.
*9The record also discloses that there was a stipulation filed by the parties interested changing the venue…
2Cases cited31 opinions
- State v. GerhardtIndiana Supreme Court · 1896
- Ogden City v. ArmstrongSupreme Court of the United States · 1897
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- Mulligan v. SmithCalifornia Supreme Court · 1881
- Morse v. City of OmahaNebraska Supreme Court · 1903
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3Cited by22 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Rollison v. Wabash RailroadSupreme Court of Missouri · 1913
- City of Valdosta v. HarrisSupreme Court of Georgia · 1923
- Emporium Area Joint School Authority v. Anundson Construction & Building Supply Co.Superior Court of Pennsylvania · 1959
- Sharum v. City of MuskogeeSupreme Court of Oklahoma · 1914
17 more not listed; retrieve them via the Exa API.