Leach v. Cargill
Supreme Court of Missouri
Appeal from Buchanan Common Pleas. The petition should aver that the opportunity of improving the adjoining part of the street was given the property holders, and the defect was fatal. I. The ordinance providing for giving the owners this privilege was directory, and if the engineer had given them no notice plaintiff ought not to have been made to suffer. (Neenan vs. Donoghue, 50 Mo., 406.) II. Besides, the ordinance did not require the engineer to give the owners notice.
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Appeal from Buchanan Common Pleas. The petition should aver that the opportunity of improving the adjoining part of the street was given the property holders, and the defect was fatal. I. The ordinance providing for giving the owners this privilege was directory, and if the engineer had given them no notice plaintiff ought not to have been made to suffer. (Neenan vs. Donoghue, 50 Mo., 406.) II. Besides, the ordinance did not require the engineer to give the owners notice. It directed him to give them the “privilege” of doing the work in front of their lots. There is no evidence that they were…
1Opinion of the CourtSherwood, Judge
Action on two special tax bills for macadamizing, &c., a certain portion of Edmond Street, between 8th and 10th streets.
There are numerous points presented by the record, but attention will only be centered on one, as it is decisive of this ease.
It is well settled law in this State, as well, as elsewhere, that the power of the municipal authorities is exclusively confined to the limits prescribed by the charter, and such ordinances as are passed in conformity thereto. (Kiley vs. Oppenheimer, 55 Mo., 374, and cases cited.)
The ordinance of September 9th, 1870, requiring the work in question to…
2Cases cited1 opinion
- Kiley v. OppenheimerSupreme Court of Missouri · 1874
3Cited by21 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- Doyle v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1892
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