Collins v. A. Jaicks Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Joseph A. Guthrie, Judge. (1) The allegations in plaintiffs’ petition specifically set up that the work in controversy is maintenance and repair and defendant by demurring to this admits the correctness of this statement for the purposes of this argument. (2) The city had no power to issue special tax bills for maintenance work.
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Appeal from Jackson Circuit Court. — Hon. Joseph A. Guthrie, Judge. (1) The allegations in plaintiffs’ petition specifically set up that the work in controversy is maintenance and repair and defendant by demurring to this admits the correctness of this statement for the purposes of this argument. (2) The city had no power to issue special tax bills for maintenance work. Payment for maintenance work should be paid for solely out of the maintenance fund of the park district in which Limwood Boulevard is located, which fund is generously provided for by the charter, and the abutting property…
1Opinion of the CourtWalker, J.
This is an action brought by property owners against a contractor for the cancellation of certain tax bills issued by Kansas City for paving Linwood Boulevard from Troost Avenue to Prospect Avenue. The pleadings consist of the petition, the answer and the reply. At the trial, the defendant filed a motion for judgment on the pleádings, which was sustained; and plaintiffs appealed. As the reply denied the allegations of the answer, the sole question was whether the *409petition stated a canse of action entitling the plaintiffs to the relief asked.
The petition, after pleading the corporate existence…
2Cases cited25 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Wisconsin & Michigan Railway Co. v. PowersSupreme Court of the United States · 1903
- Philadelphia and Wilmington Railroad Co. v. State of MarylandSupreme Court of the United States · 1851
- Rector, &C., of Christ Church, Phila. v. Cty. of Phila.Supreme Court of the United States · 1861
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
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3Cited by7 opinions
- Flinn v. GillenSupreme Court of Missouri · 1928
- Mizer v. Kansas Bostwick Irrigation District No. 2Supreme Court of Kansas · 1951
- Williams v. HybskmannSupreme Court of Missouri · 1925
- Doemker v. City of Richmond HeightsSupreme Court of Missouri · 1929
- Sears v. City of ColumbiaMissouri Court of Appeals · 1983
2 more not listed; retrieve them via the Exa API.