Keane v. Klausman
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. 'Thayeb, Judge. The defence that the work was ordered and done as a sanitary measure requiring its immediate doing, should hare been considered.
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Appeal from the St. Louis Circuit Court, Amos M. 'Thayeb, Judge. The defence that the work was ordered and done as a sanitary measure requiring its immediate doing, should hare been considered. JEyerman v. Blalcely, 78 Mo. 145. It is incumbent on the property holder to take some steps by a timely proceeding to restrain the municipal authorities from the construction of the work; he can not lie by and see the work progress to completion without any complaint or effort to stop it, and then defeat the contractor in his suit on tax bills. Eyerman v. Blalcely, 74 Mo. 145; Sheehan v. Owen, 82 Mo.…
1Opinion of the CourtLewis, P. J.
This suit, on a special tax bill for the construction of a sewer adjacent to the defendant’s property, is for work done under the same city ordinance and proceedings upon which the plaintiff’s claim was founded in the case of Keane v. Cushing (15 Mo. App. 96). In that case it was held that the proceedings under the ordinance were-void, and the plaintiff could not recover, because the advertising for the letting of the contract was done between the date of the passage of the ordinance and the day on *487which it went into effect. In this particular, the facte in the present case are precisely the…
2Cases cited7 opinions
- Howell v. StewartSupreme Court of Missouri · 1873
- Eyerman v. BlaksleySupreme Court of Missouri · 1883
- State ex rel. Oddle v. ShermanSupreme Court of Missouri · 1868
- Keane v. CushingMissouri Court of Appeals · 1884
- Cashman v. AndersonSupreme Court of Missouri · 1857
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3Cited by6 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- City of St. Louis v. RocheSupreme Court of Missouri · 1895
- McCormick v. MooreMissouri Court of Appeals · 1909
- Cox v. William Mignery & Co.Missouri Court of Appeals · 1907
- Steffen v. FoxMissouri Court of Appeals · 1894
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