Barber Asphalt Paving Co. v. Muchenberger
Missouri Court of Appeals
Appeal from. Buchanan Circuit Court. — U (1) Under the statute, Revised Statutes 1899, sec. 5661, locally known as the Haynes law, and being the same act found in Laws 1899, p. 79, the power of the council to charge defendant’s property depends upon a service upon him by five days’ publication of the proposed ordinance. This is not five days’ notice. This publication is in the nature of process, and service can not be made on Sunday.
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Appeal from. Buchanan Circuit Court. — U (1) Under the statute, Revised Statutes 1899, sec. 5661, locally known as the Haynes law, and being the same act found in Laws 1899, p. 79, the power of the council to charge defendant’s property depends upon a service upon him by five days’ publication of the proposed ordinance. This is not five days’ notice. This publication is in the nature of process, and service can not be made on Sunday. Sunday can not be counted as a publication day. R. S. 1899, sec. 4683; Dennison v. Kansas City, 95 Mo. 416; Schwed v. Hartwitz, 23 Colo. 187; Dumars v. Denver,…
1Opinion of the CourtSmith, P. J.
This suit was brought by the plaintiff, the Barber Asphalt Paving Company, to recover upon a special taxbill issued against the defendant’s property for paving with asphalt a portion of Felix street in the city of St. Joseph. Defendant set up by special plea two defenses: First, that the service upon the property owners by publishing the proposed ordinance, known as Document 29698, was insufficient in that one of the five days of publication was Sunday, and the service for that reason void and insufficient to confer jurisdiction upon the common council to condemn defendant’s property; and,…
2Cases cited8 opinions
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- Clapton v. TaylorMissouri Court of Appeals · 1892
- City of St. Joseph ex rel. Saxton National Bank v. LandisMissouri Court of Appeals · 1893
- Nishnabotna Drainage District v. CampbellSupreme Court of Missouri · 1900
- Dennison v. City of KansasSupreme Court of Missouri · 1888
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3Cited by7 opinions
- Fuchs v. City of Cedar RapidsSupreme Court of Iowa · 1913
- Reliance Automobile & Supply Co. v. City of JacksonMichigan Supreme Court · 1928
- Parker-Washington Co. v. MeriwetherMissouri Court of Appeals · 1913
- Attorney General ex rel. Trahair v. Landel Metropolitan DistrictMichigan Supreme Court · 1947
- Brougham v. Kansas CityDistrict Court, W.D. Missouri · 1920
2 more not listed; retrieve them via the Exa API.