Legal Opinion

Gordon v. Jefferson City

Missouri Court of Appeals

Decided February 27, 1905PublishedCited by 3 opinions

Appeal from Cole Circuit Court. — Sim James E. Eazell, Judge. (1) -Appellant’s demurrer to plaintiff’s petition should have been sustained, and in support thereof the following authorities are cited: Laws 1893, sec. 108, p. 90, now sec. 5858, R. S.-1899; Laws 1893, sec. 31, p. 71, now sec. 5781, R. S. 1899; R. S. 1889, sec. 3157, now sec. 6759, R. S. 1899; Dillon’s Municipal Corporations (1 Ed.), ch. 14, secs. 383-84, pp. 377-78; Schell City v. Rumsey, 39 Mo.

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Appeal from Cole Circuit Court. — Sim James E. Eazell, Judge. (1) -Appellant’s demurrer to plaintiff’s petition should have been sustained, and in support thereof the following authorities are cited: Laws 1893, sec. 108, p. 90, now sec. 5858, R. S.-1899; Laws 1893, sec. 31, p. 71, now sec. 5781, R. S. 1899; R. S. 1889, sec. 3157, now sec. 6759, R. S. 1899; Dillon’s Municipal Corporations (1 Ed.), ch. 14, secs. 383-84, pp. 377-78; Schell City v. Rumsey, 39 Mo. App. 264;'Mister-v. Kansas' City, 18 Mo. App. 217; Maudlin v. Trenton, 67 Mo. App. 452; ■ Kolktneyer v. Jefferson City, 75 Mo-. App.…

1Opinion of the CourtBroaddus, P. J.

The following, is substantially a correct statement of the case made by respondent:

*26That defendant city during all the times mentioned in the petition was a duly organized and existing city of the third class; that on or about September 12,1898, defendant city, through its proper officers, entered into a contract with one August Weiss for the construction of a retaining wall on Water street in said city at an estimated cost of about $500-; that thereupon Weiss, the contractor, entered, upon the construction of the wall, but becoming unable to pay for labor and materials furnished him, he…

2Cases cited13 opinions

  1. James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
  2. Wheeler Savings Bank v. TraceySupreme Court of Missouri · 1897
  3. Fourth National Bank v. NoonanSupreme Court of Missouri · 1885
  4. City of St. Louisex rel. Sullivan v. ClemensSupreme Court of Missouri · 1867
  5. State ex rel. Kansas City Loan Guarantee Co. v. KentMissouri Court of Appeals · 1903

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3Cited by3 opinions

  1. First State Bank v. Reorganized School District R-3, BunkerMissouri Court of Appeals · 1973
  2. Swift & Co. v. Wabash RailroadMissouri Court of Appeals · 1910
  3. First State Bank v. Reorganized School District R-3, BunkerMissouri Court of Appeals · 1973

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