Legal Opinion

City of Marshall v. Wisdom

Missouri Court of Appeals

Decided January 6, 1908PublishedCited by 4 opinions

Appeal from Saline Circuit Court;—Hon. Samuel Davis, Judge. (1) The city ordinance passed the 81st day of July, 1899, accepted Colyer Bros’, bid for the doing of the work, and upon such date awarded, them the contract, for the doing of such work according to the provisions of the original ordinance.

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Appeal from Saline Circuit Court;—Hon. Samuel Davis, Judge. (1) The city ordinance passed the 81st day of July, 1899, accepted Colyer Bros’, bid for the doing of the work, and upon such date awarded, them the contract, for the doing of such work according to the provisions of the original ordinance. (2) It was their plain duty to have entered into contract upon Such date or within such time immediately thereafter as would have been reasonable for such purpose, and proceeded to have made said improvements, within the ninety days, or so as to have completed them about the 1st day of November,…

1Opinion of the CourtJohnson, J.

This action was brought to enforce the lien of three special taxbills belonging to a series issued by the city of'Marshall, a city of the fourth class, to pay the cost of paving one of the public streets. The validity of the bills is attacked in the answer on several grounds, but the court held them to be valid and entered judgment in favor of plaintiffs, from which defendants appealed.

- The resolution declaring the improvement to be necessary was duly passed in proper form by the board of aldermen on May 9, 1899. The ordinance authorizing the improvement was passed June 9th. It provided that…

2Cases cited9 opinions

  1. Galbreath v. NewtonMissouri Court of Appeals · 1887
  2. Heman v. GilliamMissouri Court of Appeals · 1902
  3. City of Springfield ex rel. Central National Bank v. WeaverSupreme Court of Missouri · 1897
  4. Gibson v. OwensSupreme Court of Missouri · 1893
  5. City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Heman Construction Co. v. LyonSupreme Court of Missouri · 1919
  2. Bremerton Municipal League v. City of BremertonWashington Supreme Court · 1942
  3. Barber Asphalt Paving Co. v. Kansas City Hydraulic Press Brick Co.Missouri Court of Appeals · 1913
  4. Metropolitan Paving Co. v. Girard Investment Co.Missouri Court of Appeals · 1916

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