City of Springfield ex rel. Central National Bank v. Weaver
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Jambs T. Neville, Judge._ (1) The court clearly erred in holding in this case that it was necessary to pass the ordinance ordering the work done prior to advertising for bids, and the failure so to do vitiated the proceedings. It is the charter that grants, limits and defines the powers of the council as a legislative body, which can neither be added to nor taken from by any ordinance passed by the city council.
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Appeal from Greene Circuit Court. — Hon. Jambs T. Neville, Judge._ (1) The court clearly erred in holding in this case that it was necessary to pass the ordinance ordering the work done prior to advertising for bids, and the failure so to do vitiated the proceedings. It is the charter that grants, limits and defines the powers of the council as a legislative body, which can neither be added to nor taken from by any ordinance passed by the city council. The power of the council as prescribed in the charter, to cause improvements to be made is: First. A preliminary resolution' declaring that…
1Opinion of the Court
OPINION IN DIVISION ONE.
Macuaplane, J.
This suit is on a special tax bill for the cost of paving Walnut street in the city of Springfield in front of the property of defendants and to enforce a lien therefor. The action was commenced in favor of J. B. Reilly, the contractor. After an answer had been filed by defendants the Central National Bank, as assignee of Reilly, was, under objection *663of defendants, substituted as plaintiff, by an order of court.
To the amended petition of the bank, defendants filed an answer, in which they plead that the resolution declaring the necessity of paving said…
2Cases cited9 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- City of St. Louis v. RankenSupreme Court of Missouri · 1888
- Snider v. Adams Express Co.Supreme Court of Missouri · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
- City of St. Louis v. Public Service CommissionSupreme Court of Missouri · 1918
- Embree v. Kansas City & Liberty Boulevard Road DistrictSupreme Court of Missouri · 1914
- Barber Asphalt Paving Co. v. MunnSupreme Court of Missouri · 1904
- Hund v. RackliffeSupreme Court of Missouri · 1905
21 more not listed; retrieve them via the Exa API.