McCloud & Geigle v. City of Columbus
Ohio Supreme Court
Error to the Circuit Court of Franklin county. The plaintiffs in error brought in the court of common pleas of Franklin county, an action against defendant in error to recover on a contract for grading and paving Livingston avenue, a street of said city. The plaintiffs prevailed in the court of common pleas and the circuit, court reversed the judgment. Whereupon the cause was brought to this court by the plaintiffs in error, to reverse the judgment of the latter court.
1Opinion of the CourtBradbury, J.
The circuit court held the contract, by virtue of which plaintiffs sought to recover, tobe void, for the sole reason that the proposition for bids, for making the improvement was not advertised as prescribed by section 2303, Revised Statutes.
The scheme of improvement contemplated an assessment against the property abutting thereon to pay the expense of making it. The record discloses the adoption, of the preliminary resolution declaring a necessity for the improvement and specifying its nature, or character, and the subsequent enactment of an ordinance providing therefor ; that a notice…
2Cases cited20 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Mayor of Baltimore v. EschbachCourt of Appeals of Maryland · 1862
- McBrian v. City of Grand RapidsMichigan Supreme Court · 1885
- City of Bryan v. Page & SimsTexas Supreme Court · 1879
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