Akers v. W. H. Kolkmeyer & Co.
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Ho». John A. Hockaday, Judge. STATEMENT BT BROADDUS, J. This is a suit in equity to have declared as void a certain taxhill, and to remove the cloud upon plaintiff’s title to lots'271, 272 and 273 in Columbia.
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Appeal from Boone Circuit Court. — Ho». John A. Hockaday, Judge. STATEMENT BT BROADDUS, J. This is a suit in equity to have declared as void a certain taxhill, and to remove the cloud upon plaintiff’s title to lots'271, 272 and 273 in Columbia. The bill, or petition, alleged that the city of Columbia is a city of the third class, that defendants Kolkmeyer are partners engaged in the business of contracting, that plaintiff is the owner of said lots, that the city council of said city passed an ordinance establishing sewer district No. 4 and let a contract to defendants Kolkmeyer for the…
1Opinion of the CourtBroaddus, J.
— The plaintiff’s contention in part is, that the defendant city council by its ordinance, in building the sewer in question, failed to connect it with a main public sewer. That is to say, it was not connected with a main public sewer established according to law. There is no dispute but-what it was connected with a main sewer, but the objection is that such sewer was not established by ordinance and was not therefore a main public sewer. It has been shown that such sewer was built in pursuance of a resolution of the city council and paid for out of the money in the city treasury provided for…
2Cases cited11 opinions
- Dooley v. City of KansasSupreme Court of Missouri · 1884
- Heman v. SchulteSupreme Court of Missouri · 1902
- State v. DierbergerSupreme Court of Missouri · 1886
- Foncannon v. City of KirksvilleMissouri Court of Appeals · 1901
- Becker v. City of WashingtonSupreme Court of Missouri · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Meyers v. WoodMissouri Court of Appeals · 1913
- State Ex Rel. Waddell v. JohnsonSupreme Court of Missouri · 1927
- Skinner v. City of SlaterMissouri Court of Appeals · 1911
- In Re Bank of Mt. Moriah v. Mt. MoriahMissouri Court of Appeals · 1932
- Prewitt v. WittsMissouri Court of Appeals · 1930
3 more not listed; retrieve them via the Exa API.