Cushing v. Russell
Missouri Court of Appeals
Appeal from Buchanan • Circuit Court. — Eon. Chesley A. M osman, Judge. (1) Under the pleadings and evidence in this case the finding and judgment should have been for the plaintiff and the court erred in finding for the defendant'. (2)’ The court erred in giving the third declaration of law asked by the defendant, which is as follows: “The charter and the ordinances of the city of St. Joseph malee no provisions for the passage of a resolution authorizing the grading and…
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Appeal from Buchanan • Circuit Court. — Eon. Chesley A. M osman, Judge. (1) Under the pleadings and evidence in this case the finding and judgment should have been for the plaintiff and the court erred in finding for the defendant'. (2)’ The court erred in giving the third declaration of law asked by the defendant, which is as follows: “The charter and the ordinances of the city of St. Joseph malee no provisions for the passage of a resolution authorizing the grading and paving of streets in said city; the said charter requires the authority of an ordinance in full operation and effect before…
1Opinion of the CourtJohnson, J.
This is an action to enforce the lien of certain special taxbills issued June 7, 1902, by St. Joseph, a city of the second class, in payment of the .cost of grading and paving King Hill avenue between Division street and Illinois avenue. A jury was waived, the court, after hearing the evidence, held the taxbills invalid, rendered judgment for defendant, and plaintiff appealed.
The validity of the assessment is attacked in the answer of defendant on different grounds, but we find it necessary to discuss but one of them, as we have *652reached the conclusion that it deals with a fatal defect in the…
2Cases cited4 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- City of Springfield ex rel. Central National Bank v. WeaverSupreme Court of Missouri · 1897
- City of Trenton ex rel. Gardner v. CollierMissouri Court of Appeals · 1897
- Smith v. City of WestportMissouri Court of Appeals · 1904
3Cited by3 opinions
- Lee v. RogersMissouri Court of Appeals · 1923
- Cushing v. BullockMissouri Court of Appeals · 1910
- Koch v. NortonMissouri Court of Appeals · 1924