City of Westport ex rel. Whiting v. Mastin
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. STATEMENT BY ELLISON, J. The following is the section of the statutes construed in the opinion: “Section 1592. The board of aldermen shall have power, by ordinance, 'to levy and collect a special tax on the owner or occupier of the property, lot or lots, on any street, avenue, alley, gutter and sidewalk, within such, city, for the purpose of grading, macadamizing, building, guttering, curbing and repairing…
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. STATEMENT BY ELLISON, J. The following is the section of the statutes construed in the opinion: “Section 1592. The board of aldermen shall have power, by ordinance, 'to levy and collect a special tax on the owner or occupier of the property, lot or lots, on any street, avenue, alley, gutter and sidewalk, within such, city, for the purpose of grading, macadamizing, building, guttering, curbing and repairing streets, alleys, avenues and sidewalks, in front of or along the same; and when such work shall by the board of aldermen…
1Opinion of the CourtEllison, J.
This action is based on a tax bill issued for the improvement of certain property, in the grading for sidewalks on streets in the city of West-port. The judgment below was for plaintiff and sustained the validity of the bill. Defendant attacks the validity of the bill on the ground that, under the charter of the city of Westport, a tax bill can not be enforced until a special tax has been levied by the board of aldermen, by ordinance duly enacted, and that, in this case, no levy was made. The proceedings of the city authorities of the city of Westport, prior to the issuing of the tax bill in…
2Cases cited5 opinions
- Allen v. ArmstrongSupreme Court of Iowa · 1864
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Kiley v. OppenheimerSupreme Court of Missouri · 1874
- City of Sedalia v. GallieMissouri Court of Appeals · 1892
- Town of Trenton v. CoyleSupreme Court of Missouri · 1891
3Cited by6 opinions
- Muff v. CameronMissouri Court of Appeals · 1908
- State ex rel. Hahn v. WestportSupreme Court of Missouri · 1896
- City of Westport ex rel. Tomb v. JacksonMissouri Court of Appeals · 1897
- Guinotte v. EgelhoffMissouri Court of Appeals · 1896
- City of Marionville ex rel. Grubaugh v. HensonMissouri Court of Appeals · 1896
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