Noel v. Summit
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A, Powell, Judge. (1) There is nothing in the claim that plaintiffs waived their rights by standing by and seeing the work done; jurisdictional matters, such as the preliminary resolution and an ordinance describing the work, cannot be waived. Keane v. Klansman, 21 Mo. App. 485; Bank v. Western, 68 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A, Powell, Judge. (1) There is nothing in the claim that plaintiffs waived their rights by standing by and seeing the work done; jurisdictional matters, such as the preliminary resolution and an ordinance describing the work, cannot be waived. Keane v. Klansman, 21 Mo. App. 485; Bank v. Western, 68 Mo. App. 137; Parkinson v. Houlan, 182 Mo. 189. (2) The street and alley committee had no authority to do anything but fill holes made here and there in the street. It had no power to make a repaving under the guise of a repair. Clay v. Mexico, 92…
1Opinion of the CourtEllison, J.
— Plaintiff seeks to cancel certain taxbills issued for repairing a street in Lees Summit, a town of the fourth class. The trial court refused his prayer and found for the defendants.
It appears that running through the town from north to south there is a street commonly called Douglas street, though in fact about one-fourth of its length is made up of ITearne avenue. The full length of the two, running as they do from the north to the south limits of the town, is near a mile and an eighth. These streets were macadamized in 1896, the ITearne avenue part twenty feet wide and the Douglas part…
2Cases cited8 opinions
- Farraher v. City of KeokukSupreme Court of Iowa · 1900
- Rackliffe v. DuncanMissouri Court of Appeals · 1908
- Jones v. PlummerMissouri Court of Appeals · 1909
- Contas v. BradfordSupreme Court of Pennsylvania · 1903
- Farrell v. RammelkampMissouri Court of Appeals · 1896
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3Cited by3 opinions
- Reliance Automobile & Supply Co. v. City of JacksonMichigan Supreme Court · 1928
- Garland v. SamsonCourt of Appeals for the Eighth Circuit · 1916
- Ranney v. City of Cape GirardeauMissouri Court of Appeals · 1914