City of Independence v. Gates
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The city has the right to maintain ■ this action. One who has a chose of action for collection has the right to maintain a suit in his own name. Webb v. Morgan, 14 Mo. 229; Beattie v. Lett, 28 Mo. 596; Simmons v. Belt, 35 Mo. 461; Snider v. Express Co., 77 Mo. 523. The city is the substantial plaintiff in actions on special tax bills.
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Appeal from Jackson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The city has the right to maintain ■ this action. One who has a chose of action for collection has the right to maintain a suit in his own name. Webb v. Morgan, 14 Mo. 229; Beattie v. Lett, 28 Mo. 596; Simmons v. Belt, 35 Mo. 461; Snider v. Express Co., 77 Mo. 523. The city is the substantial plaintiff in actions on special tax bills. St. Louis v. Clemens, 36 Mo. 467. (2) The city had authority by law to let contracts for making street improvements as was done in this case. Power to a municipal corporation to make local…
1Opinion of the CourtThomas, J.
This is an action to foreclose the lien -of a special tax bill on real estate of plaintiff’s testator. The record shows that the city of Independence is a ■city of the fourth class, incorporated under the general laws of the state. An ordinance of the city, approved May 24, 1886, provided that “the board of aldermen, whenever they deem it necessary or advisable to con■struct or grade any street, lane, avenue or alley within the corporate limits of the city of Independence, they .shall by ordinance, designate the particular location, length, breadth and grade of such street, and kind of…
2Cases cited14 opinions
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Paulson v. City of PortlandOregon Supreme Court · 1888
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- Sheehan v. Good Samaritan HospitalSupreme Court of Missouri · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morey Engineering & Construction Co. v. St. Louis Artificial Ice Rink Co.Supreme Court of Missouri · 1912
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- Ash v. City of IndependenceSupreme Court of Missouri · 1898
- Harton v. Town of AvondaleSupreme Court of Alabama · 1906
- Soliah v. CormackNorth Dakota Supreme Court · 1908
11 more not listed; retrieve them via the Exa API.