City of St. Joseph ex rel. Danaher v. Wilshire
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — How. Henry M. Ramey, Judge. Under the pleadings in this cause and Revised Statutes, 1879, sections 4790 and 4791, the ruling of the trial court in sustaining defendant’s demurrer was erroneous, as also was the action of the court in rendering judgment for the defendant. ON REHEARING.
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Appeal from the Buchanan Circuit Court. — How. Henry M. Ramey, Judge. Under the pleadings in this cause and Revised Statutes, 1879, sections 4790 and 4791, the ruling of the trial court in sustaining defendant’s demurrer was erroneous, as also was the action of the court in rendering judgment for the defendant. ON REHEARING. (1) There is in fact and law no delegation of power to the city engineer, by the ordinance' in question, as to the material to be used in the construction of the manholes and receiving basins ; because this ordinance is subject to the provisions of general ordinances,…
1Opinion of the CourtEllison, J.
The petition in this cause was founded on a special tax bill, issued on account of the building of a district sewer. A demurrer to the petition was sustained and plaintiff appeals. That portion of the city charter applicable is as follows : “ District sewers shall be established within the limits of the district prescribed by ordinance, connecting with the public sewer or other district sewer or with the natural course of drainage, as the case may be * * * and said sew'er shall be of such dimensions as may be prescribed by ordinance,” etc. R. S. 1879, sec. 4791, art. 3. That portion of the…
2Cases cited6 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Ruggles v. CollierSupreme Court of Missouri · 1869
- City of St. Louis ex rel. Murphy v. ClemensSupreme Court of Missouri · 1869
- Sheehan v. GleesonSupreme Court of Missouri · 1870
- City of Kansas ex rel. Frear Stone & Pipe Manufacturing Co. v. SwopeSupreme Court of Missouri · 1883
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3Cited by7 opinions
- Neill v. GatesSupreme Court of Missouri · 1899
- Coalition to Preserve Education on the Westside v. School District of Kansas CityMissouri Court of Appeals · 1983
- City of Boonville ex rel. Cosgrove v. RogersMissouri Court of Appeals · 1907
- City of St. Joseph ex rel. Danaher v. DillonMissouri Court of Appeals · 1895
- King Hill Brick Manufacturing Co. v. HamiltonMissouri Court of Appeals · 1892
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