Jones v. Plummer
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. James T. Neville, Judge. (1) The testimony — by plaintiff’s witnesses as well as by defendant and his superintendent show that there was no disturbance of the rock foundation made when the street was originally paved — and that the resolution did not contemplate disturbing it, but merely cleaning off the loose dirt, leaves, etc., and placing a new surface on the stone foundation already there.
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Appeal from Greene Circuit Court. — Eon. James T. Neville, Judge. (1) The testimony — by plaintiff’s witnesses as well as by defendant and his superintendent show that there was no disturbance of the rock foundation made when the street was originally paved — and that the resolution did not contemplate disturbing it, but merely cleaning off the loose dirt, leaves, etc., and placing a new surface on the stone foundation already there. This resurfacing is repair, not reconstruction, and calling the work reconstruction does not make it such. Covington v. Bullock, 103 S. W. 276; Farraher v.…
1Opinion of the CourtNortoni, J.
— This is a suit in equity, seeking to enjoin the enforcement of certain special taxbills issued against the property of the various plaintiffs by the council of the city of Springfield. Upon a hearing, the court denied the relief and dismissed the bill. Plaintiffs prosecute the appeal. The special taxbills were issued in payment for the reconstruction of the macadamizing on Jefferson street. Plaintiff seek to enjoin their enforcement; first, on the ground that the taxes therein evidenced are invalid for the reason the levy was made for reconstructing the macadamizing mentioned when in truth…
2Cases cited4 opinions
- Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- Partridge v. LucasCalifornia Supreme Court · 1893
- City of De Soto ex rel. Irwin v. ShowmanMissouri Court of Appeals · 1903
3Cited by9 opinions
- Fuchs v. City of Cedar RapidsSupreme Court of Iowa · 1913
- Ideal Bakery v. SchryverWyoming Supreme Court · 1931
- Cherry v. BowmanSupreme Court of Arkansas · 1912
- Collins v. A. Jaicks Co.Supreme Court of Missouri · 1919
- Viernow v. City of CarthageMissouri Court of Appeals · 1909
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