Barber Asphalt Paving Co. v. Field
Supreme Court of Missouri
Appeal from Jackson Circuit Court.— Hon. John W. Henry, Judge. (1) The designation of material by the board of public works extended to the residents owning a majority in front feet of the abutting lands, the right and opportunity to select (1) “Trinidad Lake asphalt;” (2) “Bermudez, California, Trinidad or any other asphalt equally as good as those designated;” i. e., to select the asphalt by place of its existence or origin, and not otherwise.
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Appeal from Jackson Circuit Court.— Hon. John W. Henry, Judge. (1) The designation of material by the board of public works extended to the residents owning a majority in front feet of the abutting lands, the right and opportunity to select (1) “Trinidad Lake asphalt;” (2) “Bermudez, California, Trinidad or any other asphalt equally as good as those designated;” i. e., to select the asphalt by place of its existence or origin, and not otherwise. It did not in form or in effect extend to such owners a right or opportunity to select asphalt as a land of material for the pavement. This…
1Opinion of the CourtFox, J.
This is an action begun in the circuit court of Jackson county, Missouri, to enforce the collection of a special taxbill issued by Kansas City in part payment of the contract price of paving Washington street in that city from Ninth street to Tenth street, with an asphalt pavement.
*188The plaintiff introduced in evidence the taxbill sued on and so made its case. The plaintiff thereupon objected to the introduction of any evidence on the part of the defendants on the ground that the answer, which admitted the execution and delivery of the tax-bill sued on, did not allege facts sufficient to…
2Cases cited12 opinions
- Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
- Hopkins v. United StatesSupreme Court of the United States · 1898
- Field v. Barber Asphalt Paving Co.Supreme Court of the United States · 1904
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Barber Asphalt Paving Co. v. HuntSupreme Court of Missouri · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. LoopCalifornia Court of Appeal · 1954
- Allen v. LabsapSupreme Court of Missouri · 1905
- Curtice v. SchmidtSupreme Court of Missouri · 1907
- Hodges v. City of RoswellNew Mexico Supreme Court · 1926
- Jennings Heights Land & Improvement Co. v. City of St. LouisSupreme Court of Missouri · 1914
9 more not listed; retrieve them via the Exa API.