Municipal Securities Corp. v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) Kansas City is not liable. First. Tbe charter of Kansas City provides: (a) No special tax bill shall be issued against city property, but a certificate shall be issued by the Board of Public Works, (b) A street, avenue or highway is exempt from assessments for sewer construction. ' Second.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) Kansas City is not liable. First. Tbe charter of Kansas City provides: (a) No special tax bill shall be issued against city property, but a certificate shall be issued by the Board of Public Works, (b) A street, avenue or highway is exempt from assessments for sewer construction. ' Second. The ordinance for the construction of the District Sewer No. 146 and the contract with Walsh, plaintiff’s assignor, so provides. Third. Walsh released Kansas City from all liability. (2) Plaintiff’s remedy was mandamus. An examination…
1Opinion of the CourtFaris, J.
This is an action at law in seventy-five counts for divers sums of money aggregating in all the amount of $3924.42. Plaintiff sues as the assignee of one Michael Walsh, who made a contract with defendant city to construct certain sewers therein.
All of the seventy-five counts in the amended petition were identical. This petition, in the view which we take of the case, is important, and in connection with the tax bills and the assignments thereof, is *259decisive of the case. In fairness, and for clearness’s sake we set out below one of these counts in full, omitting merely formal parts, as follows:
Also in this document: Per curiam.
2Cases cited19 opinions
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
- City of Galveston v. HeardTexas Supreme Court · 1881
- Crutchfield v. City of WarrensburgMissouri Court of Appeals · 1888
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3Cited by17 opinions
- Village of Grosse Pointe Shores v. AyresMichigan Supreme Court · 1931
- Commonwealth Trust Co. v. DuMontimerMissouri Court of Appeals · 1916
- School District of Kansas City v. Kansas CitySupreme Court of Missouri · 1964
- Globe Securities Co. v. Gardner Motor Co.Supreme Court of Missouri · 1935
- City of Ft. Pierce v. Scofield Engineering Co.Court of Appeals for the Fifth Circuit · 1932
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