Ash v. City of Independence
Missouri Court of Appeals
Appeal from. Jackson Circuit Court. — How. John W. Henry, Judge. (1) The contract ran from August 18, 1887, to September 7, 1887. If plaintiffs had any cause of action it arose September 7, 1887, and was barred March 25,1893, when this suit was brought. Brady v. St. Joseph, 84 Mo.
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Appeal from. Jackson Circuit Court. — How. John W. Henry, Judge. (1) The contract ran from August 18, 1887, to September 7, 1887. If plaintiffs had any cause of action it arose September 7, 1887, and was barred March 25,1893, when this suit was brought. Brady v. St. Joseph, 84 Mo. App. 399; Carr v. Thompson, 67 Mo. 472-476; R. S. 1899, sec. 4271. (2) If the city suffered an injunction to go against the work, and if such injunction was caused by the fault of the city, then plaintiff’s right of action arose at the date of such injunction, September 17, 1887, and was barred by limitation when…
1Opinion of the CourtEllison, J.
— Plaintiffs were contractors in certain street improvements in the city of Independence. After having done a large part of the work they were prohibited by an injunction obtained by a property holder from going on therewith, on the ground that the city had not had assessed the damages and benefits caused by said improvement as required by law. . The plaintiffs were thus prevented from completing the work. Taxbills were afterwards issued to plaintiffs for the work done and these were declared, invalid on two grounds: one, that the city levied the tax upon only a part of the property abutting…
2Cases cited4 opinions
- City of Independence v. GatesSupreme Court of Missouri · 1892
- Ash v. City of IndependenceSupreme Court of Missouri · 1898
- Brady & Kerby v. City of St. JosephMissouri Court of Appeals · 1900
- Ash & Gentry v. City of IndependenceMissouri Court of Appeals · 1899
3Cited by1 opinion
- Parker-Washington Co. v. DennisonSupreme Court of Missouri · 1916