Legal Opinion

Dickey v. Holmes

Missouri Court of Appeals

Decided November 28, 1904PublishedCited by 9 opinions

Appeal from Jackson Circuit Court.— Hon. J. H. Slover, Judge. (1) The provisions of the general ordinance requiring the specifications to he made out and on file before the advertisement was published, and that the specifications should state the amount of security or bond that would be required of the contractor, were mandatory, and therefore defendants’ instructions numbered 2, 3, 4 and 5, should have been given. Desoto v. Showman, 100 Mo.

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Appeal from Jackson Circuit Court.— Hon. J. H. Slover, Judge. (1) The provisions of the general ordinance requiring the specifications to he made out and on file before the advertisement was published, and that the specifications should state the amount of security or bond that would be required of the contractor, were mandatory, and therefore defendants’ instructions numbered 2, 3, 4 and 5, should have been given. Desoto v. Showman, 100 Mo. App. 323; Leach v. Cargill, 60 Mo. 316; Kiley v. Oppenheimer, 55 Mo. 374; McQuiddy v. Brannock, 70 Mo. App. 535; Heidelberg v. St. Francois Co., 100 Mo.…

1Opinion of the CourtEllison, J.

This action has for its object the enforcement of a lien of two special taxbills against the property of defendants. The judgment in the trial court was for plaintiff.

It appears that the bills were issued for the building of district sewers in Kansas City.' The defendant assails the validity of the ordinance under which the work was done. That ordinance was passed by the city council and thereafter, on April 27,1897, was approved by the mayor. The charter of the city empowers the council to do public work by letting it to the lowest and best bidder as shall be prescribed by ordinance. Sec.…

2Cases cited8 opinions

  1. City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
  2. Galbreath v. NewtonMissouri Court of Appeals · 1887
  3. McQuiddy v. BrannockMissouri Court of Appeals · 1897
  4. Neill v. GatesSupreme Court of Missouri · 1899
  5. Heidelberg v. St. Francois CountySupreme Court of Missouri · 1889

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3Cited by9 opinions

  1. Boyd v. Kansas CitySupreme Court of Missouri · 1922
  2. City of Lexington ex rel. Menefee v. Commercial BankMissouri Court of Appeals · 1908
  3. McCormick v. MooreMissouri Court of Appeals · 1909
  4. McCoy v. RandallSupreme Court of Missouri · 1909
  5. City of Independence ex rel. Parker-Washington Co. v. KnoepkerMissouri Court of Appeals · 1908

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