Smith v. City of St. Joseph
Supreme Court of Missouri
Appeal from Buchancm Circuit Court. — Hon. Henry M.. Ramey, Judge. (1) Plaintiff was not entitled to recover under the pleadings. Gaus v. Railroad, 113 Mo. 309; Julia-Building Association v. Tel. Co., 88 Mo. 273; Smith v. Railroad, 98 Mo. 24. Under the law the city council', could not make a valid contract with the property owners for the purchase of the right to grade, unless-an appropriation was made therefor; what it could not do directly it could not do indirectly.
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Appeal from Buchancm Circuit Court. — Hon. Henry M.. Ramey, Judge. (1) Plaintiff was not entitled to recover under the pleadings. Gaus v. Railroad, 113 Mo. 309; Julia-Building Association v. Tel. Co., 88 Mo. 273; Smith v. Railroad, 98 Mo. 24. Under the law the city council', could not make a valid contract with the property owners for the purchase of the right to grade, unless-an appropriation was made therefor; what it could not do directly it could not do indirectly. Stewart v. City,. 79 Mo. 605; Worth v. Springfield, 76 Mo. 107; Worth v. Springfield, 22 Mo. App. 12; Crutchfield v.…
1Opinion of the CourtG-antt, P. J.
Mrs. Smith and her husband brought this action against the city of St. Joseph for damages which they allege were done to certain lots belonging to Mrs. Smith, in block 11, in the St. Joseph Eastern Extension Addition to said city, by grading Twenty-third street on which said lots abutted. 'Plaintiffs recovered judgment for $250 from which the city has appealed.
The city relied, for its defense to the action, upon a general denial, and upon the following facts, which were admitted: First, that the grading complained of was done in reducing the street to an original or first grade, which was…
2Cases cited3 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Davis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Jamison v. City of SpringfieldSupreme Court of Missouri · 1873
3Cited by7 opinions
- Kimball v. Salt Lake CityUtah Supreme Court · 1907
- Gillen v. BayfieldSupreme Court of Missouri · 1932
- Widman Investment Co. v. City of St. JosephSupreme Court of Missouri · 1905
- Cole v. City of St. LouisSupreme Court of Missouri · 1896
- Mohesky v. City of WashingtonMissouri Court of Appeals · 1968
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