Legal Opinion

Field v. Barber Asphalt Paving Co.

Supreme Court of the United States

Decided May 31, 1904No. 201, 202PublishedCited by 105 opinions

APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI. . These cases are appeals from the decree of the Circuit Court of the United States for the Western District of Missouri. Richard H. Field, as owner of certain lands abutting on Main street, Baltimore avenue and Wyandotte street in Westport, Missouri, which city was then a suburb, and has since become a part, of Kansas City, filed a bill of complaint against the paving company.

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APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI. . These cases are appeals from the decree of the Circuit Court of the United States for the Western District of Missouri. Richard H. Field, as owner of certain lands abutting on Main street, Baltimore avenue and Wyandotte street in Westport, Missouri, which city was then a suburb, and has since become a part, of Kansas City, filed a bill of complaint against the paving company. The relief sought was against certain tax bills, issued to pay for the paving of the above-named streets, ■held by the defendant…

1Opinion of the CourtJustice Day

A motion was filed by the appellant to dismiss the appeal of the paving company, which was postponed to the hearing of these appeals upon the merits. An examination of the motion and a consideration of the briefs filed and arguments made in support of and in opposition to the same leads us to the conclusion that it cannot be sustained. The appellant appealed directly to this court; for while there was an allegation of diverse citizenship in the bill, jurisdiction was also invoked on the constitutional grounds above stated. This made the case appealable directly to this court under section 5…

2Cases cited16 opinions

  1. Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
  2. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  3. Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
  4. Hayes v. MissouriSupreme Court of the United States · 1887
  5. Kidd v. PearsonSupreme Court of the United States · 1888

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3Cited by105 opinions

  1. Morley Construction Co. v. Maryland Casualty Co.Supreme Court of the United States · 1937
  2. Union Tool Co. v. WilsonSupreme Court of the United States · 1922
  3. Davis v. WallaceSupreme Court of the United States · 1922
  4. District of Columbia v. BrookeSupreme Court of the United States · 1909
  5. Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915

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