Warren v. Barber Asphalt Paving Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) Section 4388a Revised Statutes, 1889, prohibits the extension of the limits of Westport to within two miles of a city of the first, second or third class, unless the cities are in different counties. The above statute should be so construed. Sutherland on Statutory Construction, sec. 324; United States v. Babbit,. 1 Black 61; Inhabitants v. Commissioners, 83 Mo. 346; Young v. Boardman, 97 Mo. 187; Small v. Small, 129 Pa.
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Appeal from Jackson Circuit Court. (1) Section 4388a Revised Statutes, 1889, prohibits the extension of the limits of Westport to within two miles of a city of the first, second or third class, unless the cities are in different counties. The above statute should be so construed. Sutherland on Statutory Construction, sec. 324; United States v. Babbit,. 1 Black 61; Inhabitants v. Commissioners, 83 Mo. 346; Young v. Boardman, 97 Mo. 187; Small v. Small, 129 Pa. St. 372; Sams v. Sams, 85 Ky. 400; People v. Black-welder, 21 App. Ct. (111.) 257; State ex rel. v Dueling,. 66 Mo. 379; Sullivan v.…
1Opinion of the CourtMaceablane, J.
This is a suit in equity for the cancellation of certain tax bills charged against the property of plaintiffs and issued to the defendant corporation for paving Warwick boulevard under an ordinance of the city of Westport, approved October 13, 1891. A demurrer to the petition was sustained, and plaintiffs appealed.
*575The petition charged the invalidity of these tax hills upon three grounds, which are insisted upon in this appeal. First. That the property of plaintiffs, which defendant claimed was charged with the. lien of these bills, was within certain territory taken into the city of "Westport…
2Cases cited7 opinions
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Ross v. StackhouseIndiana Supreme Court · 1888
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- Yarnold v. City of LawrenceSupreme Court of Kansas · 1875
- Morse v. City of West PortSupreme Court of Missouri · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Yates v. United StatesSupreme Court of the United States · 1957
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Utley v. HillSupreme Court of Missouri · 1900
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
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