Legal Opinion

City of St. Louis ex rel. Carroll v. Hardy

Supreme Court of Missouri

Decided October 15, 1864PublishedCited by 4 opinions

Appeal from St. Louis Common Pleas Cowl. The petition alleges that the defendant is the owner of an undivided one-half part of certain real estate described therein; that John Carroll contracted with the City of St. Louis to macadamize Olive street from Grand avenue to the western limits of the city, in front of said property ; in pursuance of the provisions with said contract, said Carroll completed said work, as appears by account and certificate of the city engineer,…

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Appeal from St. Louis Common Pleas Cowl. The petition alleges that the defendant is the owner of an undivided one-half part of certain real estate described therein; that John Carroll contracted with the City of St. Louis to macadamize Olive street from Grand avenue to the western limits of the city, in front of said property ; in pursuance of the provisions with said contract, said Carroll completed said work, as appears by account and certificate of the city engineer, produced and filed; that the sum of $315 was assessed by said city engineer against said property, as appears from said…

1Opinion of the CourtBay, Judge

We are of opinion that the demurrer in this case was prop*265erly overruled. Under the' existing law the cost of paving, macadamizing, constructing and repairing streets-in the City of St. Louis, is chargeable to the property adjoining, or in the vicinity of the work ; and' it is made the duty of the city engineer- (or other officer having charge of the work) to compute the cost thereof, and to assess it as- a special tax against the adjoining property fronting on the w-ork 'done, and to make out a certified- bill of such assessment against •each lot of' ground' chargeable with the work done, in…

2Cited by4 opinions

  1. Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
  2. Buchan v. BroadwellSupreme Court of Missouri · 1885
  3. City of St. Louis ex rel. Deppelheuer v. NewmanSupreme Court of Missouri · 1869
  4. City of St. Louis v. ArmstrongSupreme Court of Missouri · 1866

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