W. H. Kolkmeyer & Co. v. City of Jefferson
Missouri Court of Appeals
Appeal from the Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The statute (R. S. 1889, sec. 1496) provides that the work mentioned in the contract shall be paid for by special tax bills in tbe manner provided by ordinance. Section 9 of ordinance 38, approved February 7, 1890. The statute, tbe ordinance and tbe contract itself are so broad and comprehensive in their terms, that any recovery against tbe city is denied respondents in any form of action whatever.
Read the full summary
Appeal from the Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The statute (R. S. 1889, sec. 1496) provides that the work mentioned in the contract shall be paid for by special tax bills in tbe manner provided by ordinance. Section 9 of ordinance 38, approved February 7, 1890. The statute, tbe ordinance and tbe contract itself are so broad and comprehensive in their terms, that any recovery against tbe city is denied respondents in any form of action whatever. Keating v. Kansas City, 84 Mo. 415; Oster v. Jefferson City, 57 Mo. App. 485. (2) Tbe fact that tbe excess of macadam and…
1Opinion of the Court
Smith, P. J. —
The council of the defendant, a city of the third class, deeming it necessary to macadamize two of its streets between certain designated *681points, passed a resolution to that effect and caused the same to be published in conformity to the requirements of section 1498, Revised Statutes. The majority of the resident owners of the property liable to taxation for such improvement interposed no protest against the same. The city engineer submitted to the council an estimate of the cost of the proposed improvement, as required by section 1497, Revised Statutes. On September 1, 1891,…
2Cases cited11 opinions
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Pimental v. City of San FranciscoCalifornia Supreme Court · 1863
- Keating v. City of KansasSupreme Court of Missouri · 1884
- Heidelberg v. St. Francois CountySupreme Court of Missouri · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wells v. City of JeffersonSupreme Court of Missouri · 1939
- Bigelow v. City of SpringfieldMissouri Court of Appeals · 1914
- City of Unionville v. MartinMissouri Court of Appeals · 1902
- Koeppen v. City of SedaliaMissouri Court of Appeals · 1901
- City of Sedalia ex rel. Taylor v. AbellMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.