City of Independence ex rel. Parker-Washington Co. v. Knoepker
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. V. 0. Karnes, Special Judge. (1) The original ordinance adopted the specifications on file with the city clerk and thereby they became a part of it and the ordinance should be construed as if they were embodied in it. Galbreath v. Newton, 30 M'o. App. 380; Dickey y. Holmes, 109 Mo. App. 721; Paying Co. y.
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Appeal from Jackson Circuit Court. — Hon. J. V. 0. Karnes, Special Judge. (1) The original ordinance adopted the specifications on file with the city clerk and thereby they became a part of it and the ordinance should be construed as if they were embodied in it. Galbreath v. Newton, 30 M'o. App. 380; Dickey y. Holmes, 109 Mo. App. 721; Paying Co. y. Ullman, 137 Mo. 543. (2) So construing the ordinance, the bills would be valid if the work were completed within a reasonable time, even though no extension of time had been made. Heman v. Gilliam, 171 Mo. 258; Schibel v. Merrill, 185 Mo. 534;…
1Opinion of the CourtEllison, J.
The defendants are property-owners in Independence, a city of the third class. The city undertook to pave a part of one of its streets on which *603defendants’ property abutted. The paving was done and taxbills issued against abutting property, which included that in suit. The trial court rendered judgment for the defendants.
There are several reasons advanced by defendants why the bills are invalid. It will not be necessary to notice more than one, and that is the claim that the work and material for the paving was not provided for by an ordinance, and, in consequence, the contract let was not…
2Cases cited5 opinions
- Inge v. Board of Public Works of MobileSupreme Court of Alabama · 1902
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Ricketson v. City of MilwaukeeWisconsin Supreme Court · 1900
- Wickwire v. City of ElkhartIndiana Supreme Court · 1896
- Dickey v. HolmesMissouri Court of Appeals · 1904
3Cited by3 opinions
- McCoy v. RandallSupreme Court of Missouri · 1909
- City of Webb City v. AylorMissouri Court of Appeals · 1912
- Parker-Washington Co. v. ClintonMissouri Court of Appeals · 1911