Roth v. Hax
Missouri Court of Appeals
Error to the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) In the event of the death of the engineer nothing could have been found in his office to answer the call of the ordinances for plans and specifications. He did not even communicate to the council his intention to adopt the St. Joseph avenue specifications. Becker v. City of Washington, 94 Mo. 375; Galbreathv. Newton, 30 Mo.
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Error to the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) In the event of the death of the engineer nothing could have been found in his office to answer the call of the ordinances for plans and specifications. He did not even communicate to the council his intention to adopt the St. Joseph avenue specifications. Becker v. City of Washington, 94 Mo. 375; Galbreathv. Newton, 30 Mo. App. 380. Those two cases suggest the limit to a rule which at best is a perpetual menace.. (2) Sunday can not be counted as a publication day. While it is and may be counted as a day in the computation…
1Opinion of the CourtGill, J.
This is a suit for the enforcement of certain special tax bills for grading and macadamizing *286a portion of Eleventh street in the city of St. Joseph. 'The defenses, in the words of defendant’s counsel, are, ufirst, that the ordinances ordering the work were invalid, for the reason that they directed it to be done ‘in accordance with the specifications therefor on file in the office of the city engineer,’ when, in fact, as defendant claims, no such specifications were on file at the time of the passage of such ordinances; second, that the advertisement for bids was insufficient, in that the…
2Cases cited3 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Smith v. . WilcoxNew York Court of Appeals · 1862
- Sheffield v. BalmerSupreme Court of Missouri · 1873
3Cited by4 opinions
- Whitworth v. Webb CitySupreme Court of Missouri · 1907
- Akers v. W. H. Kolkmeyer & Co.Missouri Court of Appeals · 1903
- Michel v. TaylorMissouri Court of Appeals · 1910
- Halsey v. RichardsonMissouri Court of Appeals · 1909