McIntosh v. City of Joplin

TITUS, Chief Judge.

Plaintiffs, Myron and Mary McIntosh, petitioned the Circuit Court of Jasper County to enjoin and restrain the City of Joplin from the use of their alleged private sewer in Warnick Subdivision “until proper proceedings have been taken by law and until the damages to plaintiffs in consequence of the appropriation [of plaintiffs’ sewer by the city] have been ascertained and paid to plaintiffs.” The court denied plaintiffs an injunction and they appealed.

Warnick Subdivision was dedicated by plaintiffs as a part of the City of Joplin and approved as such by the city. No sanitary…