Hinerman v. Williams
Missouri Court of Appeals
Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) The resolution published is the process by which the city council acquired jurisdiction of said improvements. It is a statutory method of obtaining’ jurisdiction and the statute must be strictly complied with, and unless the statute is strictly complied with the city council has no jurisdiction in the premises, and all proceedings in connection therewith are void. Webb v. Strobach, 143 Mo.
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Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) The resolution published is the process by which the city council acquired jurisdiction of said improvements. It is a statutory method of obtaining’ jurisdiction and the statute must be strictly complied with, and unless the statute is strictly complied with the city council has no jurisdiction in the premises, and all proceedings in connection therewith are void. Webb v. Strobach, 143 Mo. App. 459; Stanton v. Thompson, 234 Mo. 7; John Mc-Meneny Inv. and Real Estate Co. v. Stillwell Co., 184 S. W. 467; "…
1Opinion of the CourtBradley, J.
This is a suit on a tax hill issued by the city of Caruthersville, a city of the third class, against defendant’s property for paving improvements. The cause was tried before the court and the finding and judgment went for plaintiff. Defendant, failing to get a new trial appealed.
The defendant answered by general denial, and special plea to the effect that the city council was without jurisdiction of the res, and could not, therefore, lawfully authorize the issue of the tax bill sued on. Defendant’s two principal assignments are: (1) That the publication of the resolution required by section…
2Cases cited7 opinions
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- City of Kirksville ex rel. Fleming Manufacturing Co. v. ColemanMissouri Court of Appeals · 1903
- Leach v. CargillSupreme Court of Missouri · 1875
- Webb v. StrobachMissouri Court of Appeals · 1910
- Fellows v. DorseyMissouri Court of Appeals · 1913
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3Cited by5 opinions
- City of Springfield Ex Rel. Southern Missouri Trust Co. v. RansdellSupreme Court of Missouri · 1924
- Scales v. ButlerMissouri Court of Appeals · 1959
- Doemker v. City of Richmond HeightsSupreme Court of Missouri · 1929
- City Trust Co. v. CrockettSupreme Court of Missouri · 1925
- Melton v. StateCourt of Criminal Appeals of Texas · 1930