City of Rolla ex rel. Likes v. Schuman
Missouri Court of Appeals
Appeal from Phelps County Circuit Court. — How. L. B. Woodside, Judge (1) The acts of the board of aldermen and of the various officers of the city are presumed to have been lawfully and properly performed and the burden of showing the contrary is upon him who questions that fact. Paving Co. v. Ullman, 137 Mo. 568; Excelsior Springs v. Ettenson, 120 Mo. App. 222; Paving Co. v. Bath Co., 136 Mo.
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Appeal from Phelps County Circuit Court. — How. L. B. Woodside, Judge (1) The acts of the board of aldermen and of the various officers of the city are presumed to have been lawfully and properly performed and the burden of showing the contrary is upon him who questions that fact. Paving Co. v. Ullman, 137 Mo. 568; Excelsior Springs v. Ettenson, 120 Mo. App. 222; Paving Co. v. Bath Co., 136 Mo. App. 558; Gist v. Construction Co., 224 Mo. 379; Savings Bank v. Ridge, 183 Mo. 518. (2) The defendants, in the first special defense in their answer, say that the resolution was not published for two…
1Opinion of the CourtRobertson, P. J.
This is an action on a special tax bill issued for paving on the east side of Pine ■street between the center of Sixth street and the center of Tenth street in the city of Rolla, a city of the fourth class. As the numbers indicate there were three ■other intersecting streets between the two mentioned.A trial without a jury resulted in a judgment for the ■defendants and the plaintiff has appealed.
The points made here are that the tax bill is void for the reason that no preliminary resolution was published declaring the work necessary; that the apportionment for the work was not properly made;…
2Cases cited6 opinions
- O'Neil v. TylerNorth Dakota Supreme Court · 1892
- Forry v. RidgeMissouri Court of Appeals · 1894
- Webb v. StrobachMissouri Court of Appeals · 1910
- Dollar Savings Bank v. RidgeSupreme Court of Missouri · 1904
- State ex rel. Meek v. City of ChillicotheSupreme Court of Missouri · 1911
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