State Ex Rel. Ford v. Ellison
Supreme Court of Missouri
Certiorari. (1) The decision of the Kansas City Court of Appeals both in its literal language and by construction' of its meaning is a holding that the bond contemplated by the city ordinance is a bond, the whole penalty of which would be forfeited if the work of constructing the sewer was not completed within ninety days, and in this respeet is contrary to the following decisions of this court.
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Certiorari. (1) The decision of the Kansas City Court of Appeals both in its literal language and by construction' of its meaning is a holding that the bond contemplated by the city ordinance is a bond, the whole penalty of which would be forfeited if the work of constructing the sewer was not completed within ninety days, and in this respeet is contrary to the following decisions of this court. Burnside v. Wand, 170 Mo. 531; Burns v. Webster, 16 Mo. 258; St. Louis v. Parker-Washington Co., 271 Mo. 229; Foundry Co. v. Const. Co., 200 Mo. App. 33; Nichols-Shepard Co. v. Beyer, 168 Mo. App.…
1Opinion of the CourtWalker, C. J.
Statement. Certiorari to quash the record of the Kansas City Court of Appeals. A judgment on certain sewer tax-bills had been rendered in the circuit court in favor of relators and against the Excelsior Springs Light & Water Company. Upon an appeal this judgment was reversed by the (Jourt ot Appeals. Its rulings are alleged to contravene certain decisions of the Supreme Court. The core of the controversy is in the difference between the terms of the ordinance authorizing the work and those of the contract and bond for the faithful performance of same. This is, of course, to. be determined…
2Cases cited15 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Overholser v. ClarkTennessee Supreme Court · 1850
- Galveston, Harrisburg & San Antonio Railway Co. v. StateTexas Supreme Court · 1891
- State v. ButlerSupreme Court of Missouri · 1903
- State ex rel. Gates v. FitzpatrickSupreme Court of Missouri · 1876
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3Cited by1 opinion
- Platte Valley Drainage District v. National Surety Co.Missouri Court of Appeals · 1926