Neenan v. Smith
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. I. The tax bill which will authorize a recovery must be for work specified in the contract and no other. If work not so included was done on Felix, Francis or Ninth Streets, and the cost thereof was added to the work specified in the contract, and the whole amount apportioned to the property fronting on the work specified in the contract to be done, then such apportionment was unauthorized and is void.
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Appeal from Buchanan Circuit Court. I. The tax bill which will authorize a recovery must be for work specified in the contract and no other. If work not so included was done on Felix, Francis or Ninth Streets, and the cost thereof was added to the work specified in the contract, and the whole amount apportioned to the property fronting on the work specified in the contract to be done, then such apportionment was unauthorized and is void. (St. Louis v. Clemens, 49 Mo. 552.) II. The court erred in giving the 1st instruction as asked by the plaintiff. Tax bills are not prima facie evidence of…
1Opinion of the CourtWagner, Judge
We see no error in the instructions given for the plaintiff. The amended city charter of St. Joseph provides that when*294ever the mayor and city council shall order the paving, macadamizing', guttering, cross-walks, side-walks or curbing of the carriage ways, intersections and side-walks of any street, lane, alley or avenue within the limits of said city, the cost of the same shall be paid by the owners of the property in 'the vicinity. (Acts 1860, p. 435, § 4.)
The fifth section of the act provides that whenever the work shall have been fully completed under the authority of an ordinance, the…
2Cases cited1 opinion
- Neenan v. SmithSupreme Court of Missouri · 1872
3Cited by26 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
- Johnson v. DuerSupreme Court of Missouri · 1893
- First National Bank v. ArnoldiaSupreme Court of Missouri · 1876
- Neil v. RidgeSupreme Court of Missouri · 1909
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