Bridewell v. Cockrell
Missouri Court of Appeals
Appeal from Yernon Circuit Court. — Eon. L. W. Shafer, Judge. (1) The resolution that the improvement is necessary must describe the kind and character of the work to be done to inform the property-owner, so that he may exercise his right to protest, or the resolution mnst refer to plans and specifications then in existence. Otherwise the taxbills are void. Kirksville v. Coleman, 103 Mo.
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Appeal from Yernon Circuit Court. — Eon. L. W. Shafer, Judge. (1) The resolution that the improvement is necessary must describe the kind and character of the work to be done to inform the property-owner, so that he may exercise his right to protest, or the resolution mnst refer to plans and specifications then in existence. Otherwise the taxbills are void. Kirksville v. Coleman, 103 Mo. App. 215; McDonnell v. Gillon, 66 Pac. 314. (2) The ten days given the property-owner in which to protest, begin after the last publication of the resolution. Session Acts, Mo. 1901, p. 65, sec. 5859; Sedalia…
1Opinion of the Court
BROADDUS, P. J
This suit is to have certain taxbills assessed against the property of the plaintiffs for street improvement, declared void. The defendants are sued as the holders of said taxbills.
It is alleged in the petition that on the 25th day of August, 1903, the city of Nevada passed a resolution to the effect that it deemed it necessary to improve Cherry street in said city from the west line of the Missouri, Kansas & Texas Railway Company’s right of way to the center of Ash street, by paving the same with vitrified brick, in accordance with plans and specifications to be furnished by…
2Cases cited12 opinions
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- City of Springfield ex rel. Central National Bank v. WeaverSupreme Court of Missouri · 1897
- City of Kirksville ex rel. Fleming Manufacturing Co. v. ColemanMissouri Court of Appeals · 1903
- Hund v. RackliffeSupreme Court of Missouri · 1905
- Schibel v. MerrillSupreme Court of Missouri · 1904
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3Cited by3 opinions
- Coulter v. Phoenix Brick & Construction Co.Missouri Court of Appeals · 1908
- Schulte v. CurreyMissouri Court of Appeals · 1913
- Coatsworth Lumber Co. v. OwenMissouri Court of Appeals · 1915