City of Kirksville ex rel. Fleming Manufacturing Co. v. Coleman
Missouri Court of Appeals
Appeal from Adair Circuit Court. — How. Nat. M. Shelton, Judge. (1) The bill is prima facie evidence of the regularity of the proceedings for such special assessment of the validity of the hill, of the doing of the work and of the furnishing of the materials charged for and of the liability of the property to the charge stated in the bill.
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Appeal from Adair Circuit Court. — How. Nat. M. Shelton, Judge. (1) The bill is prima facie evidence of the regularity of the proceedings for such special assessment of the validity of the hill, of the doing of the work and of the furnishing of the materials charged for and of the liability of the property to the charge stated in the bill. Sec. 5858, chapt. 91, art. 4, R. S. 1899; Moherly v. Hogan, 131 Mo. 19. (2) A variance in order to be fatal must materially affect the substantial rights of the property-holder. Cole v. Skrainka, 105 Mo. 309'; Springfield v. Knott, 49 Mo. App. 612. (3) A…
1Opinion of the CourtEllison, J.
— This action is based on a special taxbill issued for grading and macadamizing one of the streets of Kirksville, a statutory city of the third class. The trial court held the bill to be void and the plaintiff, who is assignee of the bill, has brought the case here for review.
The ordinance and proceedings for the improvement are based upon sections 5858, 5859 and 5860, Revised Statutes 1899. It is therein provided that whenever the city council shall deem it necessary to improve a street it shall declare by resolution, published for two weeks, that such work is necessary to be done. That if…
2Cases cited5 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Wheeler v. City of Poplar BluffSupreme Court of Missouri · 1899
- City of De Soto ex rel. Irwin v. ShowmanMissouri Court of Appeals · 1903
- City of Independence ex rel. Smith v. BriggsMissouri Court of Appeals · 1894
- City of Marshall ex rel. Jacoby v. RaineyMissouri Court of Appeals · 1899
3Cited by25 opinions
- Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
- Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
- Coulter v. Phoenix Brick & Construction Co.Missouri Court of Appeals · 1908
- Whittaker v. City of DeadwoodSouth Dakota Supreme Court · 1909
- Blackwell v. City of Lee's SummitSupreme Court of Missouri · 1930
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