Schulte v. Currey
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. One.—Hon. J. D. Perkins, Judge. (1) To require notice to property owners to make improvements, as defendants contend is sought to be done by the ordinance referred to in their answer, has the effect to suspend the right of the city, during that time, to proceed under the charter of powers.
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Appeal from Jasper County Circuit Court, Division No. One.—Hon. J. D. Perkins, Judge. (1) To require notice to property owners to make improvements, as defendants contend is sought to be done by the ordinance referred to in their answer, has the effect to suspend the right of the city, during that time, to proceed under the charter of powers. State ex rel v. Gordon, 217 Mo. 103, 118. (2) The signing of a petition for an improvement, as Mr. Currey did in this ease, was a declaration on his part that he did-not desire to do the work himself, but that “the city should make the improvement…
1Opinion of the CourtSturgis, J.
—This is a suit on five separate special tax bills issued in payment of improvements made on a street fronting defendants’ property in Webb City, Missouri, a city of the third class. Two of the tax bills are for sidewalks and three for curb and gutters. The trial court on a trial before the court sitting as a jury declared the tax bills void and entered judgment for the defendants.
Only part of the defenses, set forth.in the answer attacking the validity of these tax bills need be mentioned. The power and authority of the city to cause the improvements in question to be made and paid for by…
2Cases cited22 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- 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
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
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3Cited by6 opinions
- State Ex Rel. Wagner v. FieldsMissouri Court of Appeals · 1924
- Flinn v. GillenSupreme Court of Missouri · 1928
- Hinerman v. WilliamsMissouri Court of Appeals · 1920
- Phoenix Brick & Construction Co. v. Gentry CountySupreme Court of Missouri · 1914
- Badger Lumber Co. v. MullinsSupreme Court of Missouri · 1925
1 more not listed; retrieve them via the Exa API.