Wheeler v. City of Poplar Bluff
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Hon. Jambs D. Eox, Judge. . (1) The charter of defendant expressly authorized it to make such contract as sued upon, and the cost of the improvement contracted for defendant’s charter provided should be paid from an assessment upon all the taxable property within the limits of the city. R. S. 1889, secs. 1495 and 1514; Poplar Bluff to use v. Hoag, 62 Mo.
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Appeal from Madison Circuit Court. — Hon. Jambs D. Eox, Judge. . (1) The charter of defendant expressly authorized it to make such contract as sued upon, and the cost of the improvement contracted for defendant’s charter provided should be paid from an assessment upon all the taxable property within the limits of the city. R. S. 1889, secs. 1495 and 1514; Poplar Bluff to use v. Hoag, 62 Mo. App. 672. (2) The resolution or ordinance adopted October 17, 1892, and in evidence, was sufficient to authorize the making by defendant of contract sued upon. R. S. 1889, see. 1514; City to use v. Knott,…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff as assignee of one Z. T. Allbrigkt against the city of Poplar Bluff, a city of the third class, to recover the sum of $6,042.52, with interest, alleged to be due plaintiff as such assignee ón a contract entered into between Allbrigkt and defendant city, for reducing to the established grade parts of Main and Vine streets in said city.
The answer admits the incorporation of defendant city, the passage and publication of the resolution of October 17, 1892, mentioned in the petition, and also the passage and approval of an ordinance on November 21, 1892, as…
2Cases cited7 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- McCormack v. PatchinSupreme Court of Missouri · 1873
- State ex rel. St. Louis Underground Service Co. v. MurphySupreme Court of Missouri · 1896
- Cheeney v. Inhabitants of BrookfieldSupreme Court of Missouri · 1875
- City of Cape Girardeau v. FougeuMissouri Court of Appeals · 1888
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3Cited by26 opinions
- State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
- State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
- Morrow v. Barber Asphalt Paving Co.Supreme Court of Oklahoma · 1910
- Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
- City of Kirksville ex rel. Fleming Manufacturing Co. v. ColemanMissouri Court of Appeals · 1903
21 more not listed; retrieve them via the Exa API.