Legal Opinion

City of Hannibal v. Richards

Missouri Court of Appeals

Decided March 5, 1889PublishedCited by 2 opinions

Appeal from the Halls Circuit Court. — Hoif; Reuben F. Rot, Special Judge. The plaintiff was entitled to an instruction as to the conclusiveness and legal effect of the action of the city-council in requiring the lots to be filled instead of drained. This question arose upon the issues and evidence in the case. Plaintiff’s refused instruction number 8 should, therefore, have been given. Sess. Acts 1873, art. 8, sec. 4, p. 255; Id. art. 6, sec. 14, p. 253; Dillon on Mun.

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Appeal from the Halls Circuit Court. — Hoif; Reuben F. Rot, Special Judge. The plaintiff was entitled to an instruction as to the conclusiveness and legal effect of the action of the city-council in requiring the lots to be filled instead of drained. This question arose upon the issues and evidence in the case. Plaintiff’s refused instruction number 8 should, therefore, have been given. Sess. Acts 1873, art. 8, sec. 4, p. 255; Id. art. 6, sec. 14, p. 253; Dillon on Mun. Corp. (1 Ed.) sec. 58, pp. 106, 107; Balter v. City of Boston, 12 Pick. 184; Dillon on Mun. Corp. (1 Éd.) sec. 59, pp. 107,…

1Opinion of the CourtThompson, J.

This action was commenced in 1874 to recover of the defendant the cost of making a certain filling upon one third of lot 1, in block 14, of the city of Hannibal, and also upon lot 2 in said block, and to establish a lien upon each lot for the same. The case was before the supreme court on a former appeal and is reported in 82 Mo. 330. The petition contains two counts. The one seeks to recover the cost of making the filling on the north one-third of lot 1, and the second seeks to recover the cost of making the filling on lot 2. The establishment of a lien against each lot is prayed for. The…

2Cases cited15 opinions

  1. Hamilton v. PeopleMichigan Supreme Court · 1874
  2. Roe v. TaylorIllinois Supreme Court · 1867
  3. Dunn v. PeopleIllinois Supreme Court · 1884
  4. Hanger v. Evins & ShinnSupreme Court of Arkansas · 1881
  5. Miller v. HoffmanMissouri Court of Appeals · 1887

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3Cited by2 opinions

  1. Atlantic Coast Line Railroad v. LevySupreme Court of Florida · 1914
  2. McNamara v. City of RochesterNew York Supreme Court · 1925

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