Legal Opinion

City of Rich Hill v. Donnan

Missouri Court of Appeals

Decided January 8, 1900PublishedCited by 6 opinions

Appeal from the Bates Circuit Court. — Hon. J. H. Lay, Judge. (1)Failure to file plans and specifications by the city engineer does not invalidate the tax bill. Sheehan v. Owen, 82 Mo. 458; Marionville to use v. Henson, 65 Mo. App. 397; (2) Ordinance number 284 contained the plans 'and specifications. This was sufficient. Sheehan v. Owen, 82 Mo. 458. (3) The tax bill made a prima facie case.

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Appeal from the Bates Circuit Court. — Hon. J. H. Lay, Judge. (1)Failure to file plans and specifications by the city engineer does not invalidate the tax bill. Sheehan v. Owen, 82 Mo. 458; Marionville to use v. Henson, 65 Mo. App. 397; (2) Ordinance number 284 contained the plans 'and specifications. This was sufficient. Sheehan v. Owen, 82 Mo. 458. (3) The tax bill made a prima facie case. Session Acts 1895, p. 85, see. 92. (4) Ordinance number 284 is not invalid by reason of providing that sidewalks could be constructed of either of three kinds of material. Qallaher v. Smith, 55,Mo. App.…

1Opinion of the CourtEllison, J.

This is a suit on a special tax bill issued to a contractor for the construction of a sidewalk in Eich Hill, a city of the fourth class and organized under the provisions of Article 5, chapter 30, Eevised Statutes 1889, as *388.amended by Laws of 1895, page 66. The judgment bel'ow was for defendant.

There are many -objections urged here against the validity of the bill. "W-e deem if only necess'ary to notice two. It is provided by section 91 of the amendatory act, that before the board of -aldermen -shall make a -contract for building bridges, sidewalks, culverts or sewers, -or for paving, etc. an…

2Cases cited3 opinions

  1. Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1889
  2. City of Independence ex rel. Smith v. BriggsMissouri Court of Appeals · 1894
  3. Gallaher v. SmithMissouri Court of Appeals · 1893

3Cited by6 opinions

  1. Arkansas-Missouri Power Co. v. City of Kennett, Mo.Court of Appeals for the Eighth Circuit · 1935
  2. Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
  3. Shoenberg v. FieldMissouri Court of Appeals · 1902
  4. Gratz v. City of KirkwoodMissouri Court of Appeals · 1914
  5. City of Jackson Ex Rel. Cape County Savings Bank v. HouckMissouri Court of Appeals · 1931

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