City of Springfield ex rel. Stahl & Graves v. Davis
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon.* James T. Neville, Judge. The answer admits the necessity for the walk and that the ordinance was not unreasonable or oppressive and appellants will not be heard to aver against their answer, or try to disprove its admissions or effect. Bruce v. Sims, 34 Mo. 246; Donan v. Print. & Pub.
Read the full summary
Appeal from the Greene Circuit Court. — Hon.* James T. Neville, Judge. The answer admits the necessity for the walk and that the ordinance was not unreasonable or oppressive and appellants will not be heard to aver against their answer, or try to disprove its admissions or effect. Bruce v. Sims, 34 Mo. 246; Donan v. Print. & Pub. Co., 70 Mo. 168-175; Wilson v. Albert, 89 Mo. 537-546. The city authorities, and not the courts, are the judges of the necessity of improvements for street purposes. Sec. 8 of art. 2, chap. 13, of the Eevised Ordinances of the city of Springfield, introduced by…
1Opinion of the Court
BIGGS, J.-
The firm of Stahl & Graves, to whose use this suit is prosecuted, are the holders of a special tax bill *576issued by tbe city of Springfield, a city of tbe third class, for tbe construction of a sidewalk in front of a lot owned by tbe defendants. Tbe improvement was ordered on tbe petition of tbe requisite number of citizens. Stahl & Graves were tbe lowest bidders-for tbe work. Tbe contract subsequently entered into between them and tbe city provided that tbe sidewalk should be completed within sixty days after said contract went into effect, whereas tbe work was not commenced and…
2Cases cited3 opinions
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Rose v. TrestrailMissouri Court of Appeals · 1895
- Carlin v. CavenderSupreme Court of Missouri · 1874
3Cited by11 opinions
- Heman v. GilliamMissouri Court of Appeals · 1902
- Barber Asphalt Paving Co. v. RidgeSupreme Court of Missouri · 1902
- Curtice v. SchmidtSupreme Court of Missouri · 1907
- Barber Asphalt Paving Co. v. MunnSupreme Court of Missouri · 1904
- Fisher v. L. E. Whitham & Co.Texas Supreme Court · 1931
6 more not listed; retrieve them via the Exa API.