Legal Opinion

City of Trenton ex rel. Gardner v. Collier

Missouri Court of Appeals

Decided January 11, 1897PublishedCited by 10 opinions

Appeal from the Trenton Circuit Court. — Hon. P. C. Stepp, Judge. (1) The tax bill and ordinances authorizing the same are void for the reason the resolution declaring said work necessary was not published for two weeks, as required by law. Laws 1893, sec. 110, p. 92; Leonard v. Sparks, 63 Mo. App. 585; Leavitt v. Eastman, 77 Me. 177. (2) The tax bill is void on its face.

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Appeal from the Trenton Circuit Court. — Hon. P. C. Stepp, Judge. (1) The tax bill and ordinances authorizing the same are void for the reason the resolution declaring said work necessary was not published for two weeks, as required by law. Laws 1893, sec. 110, p. 92; Leonard v. Sparks, 63 Mo. App. 585; Leavitt v. Eastman, 77 Me. 177. (2) The tax bill is void on its face. It recites that the levy and assessment, as well as the apportionment of the costs of the improvement, were made by the city engineer instead of the city council, as required by law. Laws of 1893, secs. 108 and 110; Bank v.…

1Opinion of the CourtGill, J.

This is a suit to enforce certain special tax bills for paving a portion of College avenue in the city of Trenton. The tax bills are attacked for various alleged failures by the city authorities to follow the statute relating to such improvements when done by cities of the third class, to which Trenton belongs. The trial court held adversely to the defendant on the several objections, decided the tax bills a valid charge, and from a judgment enforcing the same, defendant has appealed.

The proceedings were begun on May 29,1894, when the city council by resolution declared its opinion that it…

2Cases cited4 opinions

  1. Galbreath v. NewtonMissouri Court of Appeals · 1887
  2. City of Springfield ex rel. Central National Bank v. WeaverSupreme Court of Missouri · 1897
  3. People Ex Rel. Ream Pavement Co. v. Board of Improvement of Union StreetNew York Court of Appeals · 1870
  4. McQuiddy v. VineyardMissouri Court of Appeals · 1895

3Cited by10 opinions

  1. City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
  2. Childers v. HolmesMissouri Court of Appeals · 1902
  3. City of Mexico v. LakenanMissouri Court of Appeals · 1908
  4. Carroll v. PeakMissouri Court of Appeals · 1911
  5. Jones v. Barber Asphalt Paving Co.Missouri Court of Appeals · 1913

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