Cross v. City of Kansas
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. P. M. Black, Judge. (1) It was a condition precedent to confer jurisdiction upon the common council of the defendant city, under the charter in question, to order grading done at the expense of the property holders along said May street, that a majority of the real estate owners in front feet, on such street, and residents of said city, shall petition said counsel to have such street graded.
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Appeal from Jackson Circuit Court. — Hon. P. M. Black, Judge. (1) It was a condition precedent to confer jurisdiction upon the common council of the defendant city, under the charter in question, to order grading done at the expense of the property holders along said May street, that a majority of the real estate owners in front feet, on such street, and residents of said city, shall petition said counsel to have such street graded. It was a jurisdictional requirement in order to confer authority upon the council to act. The want of such majority petition renders any proceedings on its part…
1Opinion of the Court
Norton, J. —
This is a suit to recover damages alleged in the petition to have been occasioned by cutting down, changing, and lowering the grade of May street, in the City of Kansas, in pursuance of a certain ordinance of said city, whereby plaintiff’s property abutting on said street is alleged to have been damaged.
The answer of defendant sets up in substance that May street was a public street of said city, with an established grade; that in 1882, plaintiff and other residents and owners of property between Sixth and Ninth streets in said city, petitioned the common council to grade a part…
2Cited by9 opinions
- Town of New Decatur v. ScharfenbergSupreme Court of Alabama · 1906
- Hutchinson & Southern Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
- Preston v. City of Cedar RapidsSupreme Court of Iowa · 1895
- Vaile v. City of IndependenceSupreme Court of Missouri · 1893
- Schulte v. CurreyMissouri Court of Appeals · 1913
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