Ayres v. Schmohl
Missouri Court of Appeals
Appeal from the Bucbanan Circuit Court. — Hon. A. M'. ' Woodson, Judge. (1) The ordinance is not obnoxious to tbe objection that it is a delegation by tbe city, of legislative power. Gallaber v. Smith, 55 Mo.
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Appeal from the Bucbanan Circuit Court. — Hon. A. M'. ' Woodson, Judge. (1) The ordinance is not obnoxious to tbe objection that it is a delegation by tbe city, of legislative power. Gallaber v. Smith, 55 Mo. App. 116; Tipton v. Norman, 72 Mo. 380; Steffen v. Eox, 124 Mo-. 634; Hitchcock v. Galveston, 96 U. S. 341. (2)’ The ordinance is not void because it does not fix a definite time within which the work shall be commenced and completed, and the lower court erred in refusing the first declaration of law asked by the plaintiff. Oarlin v. Oavender, 56 Mo. 286; Strassheim v. Jerman, 56 Mo.…
1Opinion of the CourtEllison, J.
This is an action brought to enforce a special tax bill issued by the proper authorities of the city of St. Joseph. The judgment in the trial court was against the validity of the bill.
The bill was issued for reconstructing a sidewalk and for curbing and guttering on a portion of a street in said city. The ordinance ordering and directing the improvement did not prescribe any fixed time within which the work should be done. The contract under the ordinance did prescribe a certain time, viz., sixty days. That part of the contract is in the following words:
“The work embraced in this contract…
2Cases cited6 opinions
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Neill v. GatesSupreme Court of Missouri · 1899
- Rose v. TrestrailMissouri Court of Appeals · 1895
- Carlin v. CavenderSupreme Court of Missouri · 1874
- New England Safe Deposit & Trust Co. v. JamesMissouri Court of Appeals · 1899
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3Cited by15 opinions
- Heman v. GilliamMissouri Court of Appeals · 1902
- Curtice v. SchmidtSupreme Court of Missouri · 1907
- Fisher v. L. E. Whitham & Co.Texas Supreme Court · 1931
- Bremerton Municipal League v. City of BremertonWashington Supreme Court · 1942
- Childers v. HolmesMissouri Court of Appeals · 1902
10 more not listed; retrieve them via the Exa API.