City of Pleasant Hill v. Dasher
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. C. W. Sloan, Judge. (1) Section 11 of plaintiff’s charter, which provides that the city council shall have power by ordinance to cause the owners or occupiers of lots to pave and repair sidewalks adjacent to the property which they may own or occupy, and, if they fail, the council may cause it to be done and recover the expense thereof by an action of debt, in the name of the corporation, is not in conflict with any provision of the…
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Appeal from Cass Circuit Court. — Hon. C. W. Sloan, Judge. (1) Section 11 of plaintiff’s charter, which provides that the city council shall have power by ordinance to cause the owners or occupiers of lots to pave and repair sidewalks adjacent to the property which they may own or occupy, and, if they fail, the council may cause it to be done and recover the expense thereof by an action of debt, in the name of the corporation, is not in conflict with any provision of the constitution of this state, Cooley on Taxation, 398;.Cooley on Const. Lim,, 629, 734; 2 Dillon on Mun. Corp., sec. 798;…
1Opinion of the CourtBlack, P. J.
The city of Pleasant Hill brought this suit before a justice of the peace to recover $19.23 for labor done and material furnished in building a plank sidewalk along a street in front of two lots owned by the defendant, Charles W. Dasher. The defendant failing to appear, the justice gave judgment for the plaintiff by default. Defendant in due time filed' a motion to set aside the judgment and for a new trial, which was overruled, and he appealed. The circuit court gave judgment for the defendant and the case is here on the plaintiff’s appeal.
In the view we take of this case it is not necessary…
2Cases cited3 opinions
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- City of Clinton ex rel. Thornton v. Henry CountySupreme Court of Missouri · 1893
- State ex rel. Gordon v. HopkinsSupreme Court of Missouri · 1885
3Cited by7 opinions
- Barber Asphalt Paving Co. v. City of St. JosephSupreme Court of Missouri · 1904
- State Ex Rel. Berra v. SestricSupreme Court of Missouri · 1942
- Davidson v. SchmidtSupreme Court of Missouri · 1914
- People's Railway Co. v. Grand Avenue Railway Co.Supreme Court of Missouri · 1899
- Inhabitants of Houstonia v. GrubbsMissouri Court of Appeals · 1899
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