Legal Opinion

Coatsworth Lumber Co. v. Owen

Missouri Court of Appeals

Decided January 5, 1915PublishedCited by 5 opinions

Appeal from Audrain Circuit Court. — Horn. James D. Barnett, Judge. (1) This is a proceeding in in invitum and there should be no departure from legal requirements. Bose y. Trestrail, 62 Mo. App. 352; West v. Porter, 89 Mo. App. 153; Schibel v. Merrill, 185 Mo. 550; Construction Co. v. Coal Co., 205 Mo. 81. (2) There was no estimate of the ■ cost of the work as required by the statute. B. S. 1899, ■ sec. 5858, paragraph 8; City of Boonyille y. Bogers, 125 Mo.

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Appeal from Audrain Circuit Court. — Horn. James D. Barnett, Judge. (1) This is a proceeding in in invitum and there should be no departure from legal requirements. Bose y. Trestrail, 62 Mo. App. 352; West v. Porter, 89 Mo. App. 153; Schibel v. Merrill, 185 Mo. 550; Construction Co. v. Coal Co., 205 Mo. 81. (2) There was no estimate of the ■ cost of the work as required by the statute. B. S. 1899, ■ sec. 5858, paragraph 8; City of Boonyille y. Bogers, 125 Mo. App. 142; Wheeler v. Popular Bluff, 149 Mo. 36; City of Independence v. Briggs, 58 Mo. App. 323; City of Kirksville v. Coleman, 103 Mo.…

1Opinion of the CourtAllen, J.

— This is a suit in equity, prosecuted by plaintiff corporation, the owner of certain property abutting upon Jefferson street in the city of Mexico, Missouri, to- cancel a special tax assessment thereon in favor of the defendant contractor for the paving and curbing of said street. The original tax bill, which the petition seeks to have cancelled, was for $1137.48, and was issued on May 4, 1909, jointly against three lots belonging to the appellant, though the ordinance levying the special assessment levied it against the lots separately. The suit was instituted on August 20, 1910, and…

2Cases cited30 opinions

  1. Verdin v. City of St. LouisSupreme Court of Missouri · 1895
  2. Chicago, Milwaukee & St. Paul Railway Co. v. Third National Bank of ChicagoSupreme Court of the United States · 1890
  3. Neill v. GatesSupreme Court of Missouri · 1899
  4. Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
  5. Heman v. GilliamMissouri Court of Appeals · 1902

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3Cited by5 opinions

  1. Schreck v. ParkerMissouri Court of Appeals · 1965
  2. Clay Co. State Bk. v. the Health Culture Co.Missouri Court of Appeals · 1940
  3. City of Eureka v. HunterMissouri Court of Appeals · 1971
  4. State Ex Rel. School District of Affton v. SmithSupreme Court of Missouri · 1935
  5. Stovall v. City of JasperSupreme Court of Alabama · 1928

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