City of St. Joseph ex rel. Danaher v. Dillon
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court.—Hon. Henry M. Ramey, Judge. (1) All of the proceedings relating to the construction of the sewer, the issue of the tax bills and the suit on the one involved in controversy in this case, have been in strict compliance with the provisions of the city charter. 1 R. S. 1889, p. 415, sec. 1429. (2) In suits like this, only substantial compliance with the law is required.
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Appeal from the Buchanan Circuit Court.—Hon. Henry M. Ramey, Judge. (1) All of the proceedings relating to the construction of the sewer, the issue of the tax bills and the suit on the one involved in controversy in this case, have been in strict compliance with the provisions of the city charter. 1 R. S. 1889, p. 415, sec. 1429. (2) In suits like this, only substantial compliance with the law is required. Sheehan v. Owen, 82 Mo. 458; St. Louis v. DeNoue, 44 Mo. 139; St. Joseph v. Anthony, 30 Mo. 542; Cole v. ShrainJea, 105 Mo. 309; g. c., 37 Mo. App. 420; Steffen v. Fox, 56] Mo. App. 9; R.…
1Opinion of the CourtEllison, J.
—This action is based on a tax bill for the construction of a district sewer in district forty of the city of St. Joseph. A demurrer to plaintiff’s evidence was sustained and he appeals.
The sewer was built under an ordinance of the city council and a contract with this plaintiff. The cost of construction must be paid by the property owners of district forty, if the construction has been in accordance with the law. It appears that the center of Isabelle street is the dividing line between sewer districts forty and fifty-seven; district forty lying north and district fifty-seven south of that…
2Cases cited4 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Johnson v. DuerSupreme Court of Missouri · 1893
- Bayha v. TaylorCourt of Appeals of Kansas · 1889
- City of St. Joseph ex rel. Danaher v. WilshireMissouri Court of Appeals · 1891
3Cited by7 opinions
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Neil v. RidgeSupreme Court of Missouri · 1909
- City of Boonville ex rel. Cosgrove v. RogersMissouri Court of Appeals · 1907
- City of Springfield ex rel. Bank of Commerce v. BaxterMissouri Court of Appeals · 1914
- Swearinger Bros. v. Pacific Fire InsuranceMissouri Court of Appeals · 1896
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