Heman v. Ring
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. The properly constituted officers of the city of St. Louis are the sole judges of the necessity and expediency of sidewalk improvements, and with the exercise of such power the courts will not interfere.
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Appeal from, the St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. The properly constituted officers of the city of St. Louis are the sole judges of the necessity and expediency of sidewalk improvements, and with the exercise of such power the courts will not interfere. Skinker v. Heman, 148 Mo-. 349 ; Charter City of St. Louis, art. 4, sec. 35 (R. S. 1899, p. 2109); Moberly v. Hogan, 131 Mo. 19-24; City v. Oeters, 36 Mo. 456. (1) There is not a suggestion in the opinion that the commissioner could proceed to tear up a sidewalk in pei’fect repair and put in reconstruction. The case…
1Opinion of the CourtBland, P. J.
— This suit is to enforce a special tax bill *233against property of defendants. The work performed by plaintiff consists of laying a granitoid sidewalk on twentieth, from Morgan street south to an alley, in the place of a brick sidewalk, under ordinance of the city of St. Louis No. 16630. The plaintiff is an annual contractor with the city for doing such work. The defendants were notified by the street commissioner of the city, to-the effect, that said brick sidewalk was out of repair and unless they caused the same to be reconstructed with artificial stone flagging as required by said…
2Cases cited12 opinions
- Ross v. StackhouseIndiana Supreme Court · 1888
- McCormack v. PatchinSupreme Court of Missouri · 1873
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- City of St. Louis v. RankenSupreme Court of Missouri · 1888
- Johnson v. DuerSupreme Court of Missouri · 1893
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3Cited by4 opinions
- Kansas City Gas Co. v. Kansas CityDistrict Court, W.D. Missouri · 1912
- Fellows v. DorseyMissouri Court of Appeals · 1913
- Heman v. FranklinMissouri Court of Appeals · 1903
- St. Louis Malleable Casting Co. v. George C. Prendergast Construction Co.Supreme Court of Missouri · 1921