Kansas City v. Porter
Missouri Court of Appeals
Appeal from the Jachson Circuit Court. — Hon. J. H. Slover, Judge. (1) The petition does not allege that the ordinance specified the material out of which the sewer or any part of the same should be constructed. Such an ordinance as was disclosed by the petition was void, as it is the legislative power to prescribe the material out of which the sewer should be constructed. Such power is vested solely in the city council.
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Appeal from the Jachson Circuit Court. — Hon. J. H. Slover, Judge. (1) The petition does not allege that the ordinance specified the material out of which the sewer or any part of the same should be constructed. Such an ordinance as was disclosed by the petition was void, as it is the legislative power to prescribe the material out of which the sewer should be constructed. Such power is vested solely in the city council. And the petition, to make out a cause of action, should have shown on its face that the ordinance was sufficient in this respect. City of St. Joseph v. Wilshire, 47 Mo. App.…
1Opinion of the CourtSmith, P. J.
This is an action on a special tax bill in which the plaintiff had judgment and the last named defendant, the American Surety Company, appealed. The several assignments of error relied on by the defendant for a reversal of the judgment may be summarized thuswise: First. That the petition of the plaintiff is fatally defective in that it does not set up a valid ordinance. Second. That there is an absolute failure of proof as against appellant. Third, That the suit was not brought within the time limited by the Kansas City charter of 1889. Fourth. That no notice of the institution of the suit…
2Cases cited10 opinions
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Howell v. HowellWisconsin Supreme Court · 1861
- Martin v. MartinSupreme Court of Alabama · 1860
- Davenport National Bank v. HomeyerSupreme Court of Missouri · 1869
- Stadler v. RothSupreme Court of Missouri · 1875
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3Cited by4 opinions
- Barrie v. RansonMissouri Court of Appeals · 1932
- City of Gallatin ex rel. Poage v. NethertonMissouri Court of Appeals · 1915
- Granite Bituminous Paving Co. v. Parkview Realty & Improvement Co.Missouri Court of Appeals · 1918
- Granite Bituminous Paving Co. v. Parkview Realty & Improvement Co.Missouri Court of Appeals · 1912