Legal Opinion

Barber Asphalt Paving Co. v. O'Brien

Missouri Court of Appeals

Decided January 6, 1908PublishedCited by 29 opinions

Appeal from Jackson' Circuit Court. — Hon. Henry L. MeCune, Judge. (1) The Supreme Court has exclusive jurisdiction in cases involving the construction of the Constitution of the United States or of this State. Art. 6, sec. 12, Constitution of Missouri, and sec. 5 of amendments thereto adopted November, 1884. State ex rel. v. Smith, 150 Mo. 75; Schuster v. Weiss, 39 Mo. App. 628; In Re Opening Essex Avenue, 44 Mo. App. 288; State ex rel.

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Appeal from Jackson' Circuit Court. — Hon. Henry L. MeCune, Judge. (1) The Supreme Court has exclusive jurisdiction in cases involving the construction of the Constitution of the United States or of this State. Art. 6, sec. 12, Constitution of Missouri, and sec. 5 of amendments thereto adopted November, 1884. State ex rel. v. Smith, 150 Mo. 75; Schuster v. Weiss, 39 Mo. App. 628; In Re Opening Essex Avenue, 44 Mo. App. 288; State ex rel. Dugan v. Kansas City Court of Appeals, 105 Mo. 299; State ex rel. v. Smith, 117 Mo. 69. (2) Upon the record presented to this court the judgment entry in…

1Opinion of the CourtJohnson, J.

Action to enforce the lien of a special taxhill issued by the city of Westport on November 9, 1897, in part payment of the work of paving McGee street between Thirty-first and Thirty-third streets. A jury being waived, the cause was submitted to the court, judgment was entered for defendants, and plaintiff appealed.

The taxbills of the series to which the one in controversy belongs were issued before the absorption of Westport by Kansas City and while it was a municipality of the fourth class operating under the provisions of an act providing for the government of cities of the fourth class…

2Cases cited26 opinions

  1. City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
  2. Galbreath v. NewtonMissouri Court of Appeals · 1887
  3. Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
  4. Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
  5. Wheeler v. City of Poplar BluffSupreme Court of Missouri · 1899

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3Cited by29 opinions

  1. Creasy v. United StatesDistrict Court, W.D. Virginia · 1933
  2. Hales v. RainesMissouri Court of Appeals · 1911
  3. Disabled Police Veterans Club v. LongMissouri Court of Appeals · 1955
  4. Hart v. . City of New YorkNew York Court of Appeals · 1911
  5. Bailey v. Woodrum Truck LinesCourt of Appeals of Texas · 1930

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