Legal Opinion

Graden v. City of Parkville

Missouri Court of Appeals

Decided November 6, 1905PublishedCited by 3 opinions

Appeal from Platte Circuit Court. — Son. A. D. Burnes, Judge. (1) The organic law of cities of the. fourth class is found in article 5, chapter 91, of the Revised Statutes, and it is therein provided that every act of the city, which involves the expenditure of money, or the improvement of streets, must be evidenced by an ordinance. The forms to be observed in the enactment of such ordinance is prescribed by the Legislature.

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Appeal from Platte Circuit Court. — Son. A. D. Burnes, Judge. (1) The organic law of cities of the. fourth class is found in article 5, chapter 91, of the Revised Statutes, and it is therein provided that every act of the city, which involves the expenditure of money, or the improvement of streets, must be evidenced by an ordinance. The forms to be observed in the enactment of such ordinance is prescribed by the Legislature. R. S. 1899, sec. 5954, 5955, 5956, 5979, 5989; Crutchfield v. Warrensburg, 30 Mo. App. 456. (2) Therefore, when the defendant city undertook, without the passage of an…

1Opinion of the CourtBroaddus, P. J.

The plaintiff is the owner, in the defendant city, upon which she with her family has been residing for more than fifteen years, of certain real estate fronting on Eighth and Main streets. Main street runs from near the Missouri river laterally upon a hill, upon which the town is located. Eighth street runs east and west and against the hill. About the time plaintiff became the owner of said property, the said Main street in front of plaintiff’s property was graded so as to leave two roadways, one known as the upper and the other the lower roadway, the latter being about ten feet lower than…

2Cases cited9 opinions

  1. Werth v. City of SpringfieldSupreme Court of Missouri · 1883
  2. Stewart v. City of ClintonSupreme Court of Missouri · 1883
  3. Echelkamp v. SchraderSupreme Court of Missouri · 1870
  4. Weigel v. WalshSupreme Court of Missouri · 1870
  5. Werth v. City of SpringfieldMissouri Court of Appeals · 1886

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Hill-Behan Lumber Co. v. Skrainka Construction Co.Supreme Court of Missouri · 1937
  2. Heidorn v. City of KirkwoodMissouri Court of Appeals · 1912
  3. Calvert v. City of St. JosephMissouri Court of Appeals · 1906

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