Barber Asphalt Paving Co. v. Ridge
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. 'Slover, Judge. (1) The defendants, among other things, pleaded that the work was not done within sixty days after the contract therefor became binding and took effect, as provided by the ordinance, but long after the expiration of 'said sixty days, to-wit, about five months. This was a complete defense to the taxbill sued on.
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Appeal from Jackson Circuit Court. — Hon. J. H. 'Slover, Judge. (1) The defendants, among other things, pleaded that the work was not done within sixty days after the contract therefor became binding and took effect, as provided by the ordinance, but long after the expiration of 'said sixty days, to-wit, about five months. This was a complete defense to the taxbill sued on. Such failure to comply with the ordinance rendered the board of public works powerless to issue a valid taxbill against defendants’ property. The bill was not voidable, but void, and the court erred in sustaining…
1Opinion of the Court
GANTT, L
— This is an action to enforce the lien of a taxbill issued by Kansas City, under authority of section 23, article 9 of the city charter of 1889, in favor of plaintiff, June 7, 1893, for the paving of Tenth street in said city from-Cherry to Olive street under ordinance No. 4572. The bill is payable in four installments of $122.51 each, the last installment being payable on May 31, 1897. The- petition is the usual form.
The answer is a general denial and three special defenses, as follows:
“Defendants further-allege that ordinance 4572 of Kan*380■sas City,’ Missouri, approved September 21,…
2Cases cited11 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Baker v. KelleySupreme Court of Minnesota · 1866
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Neill v. GatesSupreme Court of Missouri · 1899
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3Cited by25 opinions
- Heman v. GilliamMissouri Court of Appeals · 1902
- Curtice v. SchmidtSupreme Court of Missouri · 1907
- Dickey v. HolmesSupreme Court of Missouri · 1907
- State ex rel. Curtice v. SmithSupreme Court of Missouri · 1903
- Bailey v. WilliamsSupreme Court of Missouri · 1959
20 more not listed; retrieve them via the Exa API.