Johnson v. Duer
Supreme Court of Missouri
Appeal from Jackson Circuit Court — Hon. John W. Henky, Judge. (1) The court erred in finding that any part of the sewer was upon private property. (2) The court erred in finding that the owners of lot 70 had no knowledge of the construction of the sewer and that neither of them consented to its construction. (3) The court erred in finding that a considerable portion of the property in the sewer district, owing to the topography of the land, can never make use of the sewer.
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Appeal from Jackson Circuit Court — Hon. John W. Henky, Judge. (1) The court erred in finding that any part of the sewer was upon private property. (2) The court erred in finding that the owners of lot 70 had no knowledge of the construction of the sewer and that neither of them consented to its construction. (3) The court erred in finding that a considerable portion of the property in the sewer district, owing to the topography of the land, can never make use of the sewer. (4) Even if the sewer were constructed for a certain distance on private property, plaintiffs must show affirmatively…
1Opinion of the CourtMaceablane, J.
This is a bill in equity brought by plaintiffs, 'twelve citizens and property owners of Kansas City, on behalf of themselves, and all other owners of real estate, situate in a certain sewer district, number 84, in said city, who may be interested.
The object of the suit is to declare void a certain ordinance of the city of Kansas, establishing a sewer district and providing for the construction of a sewer therein, and certain tax bills, issued by virtue thereof, and that the clouds on the real estate of plaintiffs, created thereby, may be removed.
The defendants are Alexander Duer, who is, as…
2Cases cited16 opinions
- Palmer v. StumphIndiana Supreme Court · 1868
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Moore v. . City of AlbanyNew York Court of Appeals · 1885
- Village of Hyde Park v. BordenIllinois Supreme Court · 1879
- Keith v. BinghamSupreme Court of Missouri · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- Heman v. AllenSupreme Court of Missouri · 1900
- Heman v. SchulteSupreme Court of Missouri · 1902
- Prior v. Buehler & Cooney Construction Co.Supreme Court of Missouri · 1902
21 more not listed; retrieve them via the Exa API.