Barber Asphalt Paving Co. v. Field
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». Hennf L. McCmie, Judge. (1) Tbe lack of an order of the board of aldermen of Westport, for the newspaper publication of the board’s resolution declaring tbe necessity of tbe street pavement, is fatal to tbe validity of sucb publication and tbe special ■ taxbills.
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Appeal from Jackson Circuit Court. — No». Hennf L. McCmie, Judge. (1) Tbe lack of an order of the board of aldermen of Westport, for the newspaper publication of the board’s resolution declaring tbe necessity of tbe street pavement, is fatal to tbe validity of sucb publication and tbe special ■ taxbills. Laws 1895, p. 86, sec. 95; R. S. 1899, sec. 5989; Higley v. Bunce, 10 Conn. 436; Pennsylvania Co. v. Cole, 132 Fed. 677; Dunnelly v. Tillman, 47 Cal. 40; Hnmmelman v. Safer lee, 49 Cal. 387; Reis v. Groff, 51 Cal. 86; City of Napa v. Easterly, 61 Cal. 509; Cbase v. Treas. Los Angeles, 122…
1Opinion of the CourtJohnson, J.
This action was begun on January 8,1900, to enforce four special taxbills issued by the city of Westport, a city of the fourth class, on account oí the paving of Baltimore avenue. The bills were issued and delivered to plaintiff on November 20, 1897, and in December following, the territory included within the corporate limits of Westport was incorporated with Kansas City by an extension of the limits of the latter city, and the corporate existence of Westport ipso facto ceased.
The validity of the bills is attacked in the answer on a single ground. The laws governing cities of the fourth…
2Cases cited24 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- Field v. Barber Asphalt Paving Co.Supreme Court of the United States · 1904
- Werlein v. New OrleansSupreme Court of the United States · 1900
19 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- La Rue v. KempfMissouri Court of Appeals · 1914
- Laumeier v. Sun-Ray Products Company.Supreme Court of Missouri · 1932
- Nye v. Prairie Oil & Gas Co.Supreme Court of Oklahoma · 1924
- Barrie v. WhittenMissouri Court of Appeals · 1929
- Ferguson v. Ozark Distributing Co.Missouri Court of Appeals · 1938
5 more not listed; retrieve them via the Exa API.