Rhodes v. Koch
Missouri Court of Appeals
Appeal from Greene County Circuit Court, Division Number Two.-— Eon. Arch A. Johnson, Judge. (1) The court should have overruled the demurrers to plaintiffs’ second amended petition. A demurrer to a petition confesses the facts and the equities that arise from the facts as stated therein. Williams v. Gferber, 75 Mo.
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Appeal from Greene County Circuit Court, Division Number Two.-— Eon. Arch A. Johnson, Judge. (1) The court should have overruled the demurrers to plaintiffs’ second amended petition. A demurrer to a petition confesses the facts and the equities that arise from the facts as stated therein. Williams v. Gferber, 75 Mo. App. 18. (2) This authority of the city council to cause the improvement to be made is not a continuous power subsisting, but is subject to be divested by the filing' of a protest containing the - prescribed quota of qualified objectors. It may be defined as a right, dormant and…
1Opinion of the CourtFarrington, J.
The plaintiffs (appellants) are residents of Springfield, Missouri, and owners of certain property fronting on Phillips street. The defendant city is a city of the third class and defendant *374V. E. Koch is a contractor with whom the city made a contract to improve Phillips street by paving. The plaintiffs sought to enjoin and restrain- the defendants from tearing np the street and placing concrete pavement thereon and from issuing and delivering to the contractor certain special tax bills in payment therefor. A demurrer was filed to the amended petition which was by the trial court sustained.…
2Cases cited10 opinions
- Ogden City v. ArmstrongSupreme Court of the United States · 1897
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Feurt v. CasterSupreme Court of Missouri · 1903
- City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomerySupreme Court of Missouri · 1910
- Stark v. KirchgraberSupreme Court of Missouri · 1905
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3Cited by4 opinions
- Rhodes v. KochMissouri Court of Appeals · 1916
- Hinerman v. WilliamsMissouri Court of Appeals · 1920
- City Trust Co. v. CrockettSupreme Court of Missouri · 1925
- The Riverview State Bk. v. CourtneyMissouri Court of Appeals · 1934