City ex rel. Fox . Schoenemann
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. By section 2 of ordinance (No. 6626,) the City Engineer was empowered to construct said sewer with such materials and of such dimensions as he might deem requisite. By subsequent ordinance (No. 6854,) the materials and dimensions of said certain sewer were specified by the City Council. Before the passage of the latter Ordinance said sewer was nearly completed, and was entirely completed in front of appellant’s property.
Read the full summary
Appeal from St. Louis Circuit Court. By section 2 of ordinance (No. 6626,) the City Engineer was empowered to construct said sewer with such materials and of such dimensions as he might deem requisite. By subsequent ordinance (No. 6854,) the materials and dimensions of said certain sewer were specified by the City Council. Before the passage of the latter Ordinance said sewer was nearly completed, and was entirely completed in front of appellant’s property. Section 16 of Bevised Charter of St. Louis, approved March 13, 1867, (Session Acts 1867, p. 75,) under which these ordinances were…
1Opinion of the CourtWagner, Judge
Plaintiff obtained judgment in the Court below on a special tax bill for the construction of a sewer, and the defense was that the work was done without authority. It seems that the work was commenced under and by virtue of an Ordinance that was palpably defective, but during its progress and before its completion a new Ordinance was passed, which was authorized by the Charter, and which cured the defect.
It ip now argued, that as at the commencement of the work there was no legal ordinance, it was impossible to impart vitality to the contract or undertaking by any subsequent enactment. But in…
2Cases cited2 opinions
- Mayor of Baltimore v. PorterCourt of Appeals of Maryland · 1862
- Ruggles v. CollierSupreme Court of Missouri · 1869
3Cited by3 opinions
- Jones v. City of CentraliaWashington Supreme Court · 1930
- Mullins v. EverettMissouri Court of Appeals · 1913
- City of Springfield ex rel. Plummer v. JonesMissouri Court of Appeals · 1914