Gordon v. Jefferson City
Missouri Court of Appeals
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.
Read the full summary
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
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Wheeler Savings Bank v. TraceySupreme Court of Missouri · 1897
- Fourth National Bank v. NoonanSupreme Court of Missouri · 1885
- City of St. Louisex rel. Sullivan v. ClemensSupreme Court of Missouri · 1867
- State ex rel. Kansas City Loan Guarantee Co. v. KentMissouri Court of Appeals · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- First State Bank v. Reorganized School District R-3, BunkerMissouri Court of Appeals · 1973
- Swift & Co. v. Wabash RailroadMissouri Court of Appeals · 1910
- First State Bank v. Reorganized School District R-3, BunkerMissouri Court of Appeals · 1973