City of Excelsior Springs v. Ettenson
Missouri Court of Appeals
Appeal from Clay Circuit Court. — Eon. Joshua W. Alexmider, Judge. (1) There was no authority given cities of the fourth class to curb or gutter its streets by issuing tax-bills. Sec. 1592, Laws 1893, pp. 107-108; Knapp v. Kansas City, 48 Mo. App. '485; St. Louis v. Tel. Co., 96 Mo. 623; Hustonia v. Grubbs, 80 Mo.
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Appeal from Clay Circuit Court. — Eon. Joshua W. Alexmider, Judge. (1) There was no authority given cities of the fourth class to curb or gutter its streets by issuing tax-bills. Sec. 1592, Laws 1893, pp. 107-108; Knapp v. Kansas City, 48 Mo. App. '485; St. Louis v. Tel. Co., 96 Mo. 623; Hustonia v. Grubbs, 80 Mo. App. 433; Bank v. Sanford, 103 Fed. —; Skinker v. Heman, 148 Mo. 349. (2) The Laws of 1893, p. 107, delegate to the board of aider-men authority by ordinance to fix the time, extent, dimensions, material, manner and regulations connected with public improvements. Hence, none of…
1Opinion of the CourtJohnson, J.
Action to enforce special taxbills issued in payment of certain street improvments in Excelsior Springs. Their validity is attacked by defendant on a number of grounds, but was sustained by the- trial court. An appeal was allowed to this court, but, on motion of defendant, the cause was certified to the Supreme Court because in our opinion a constitutional question was involved. The Supreme Court reached a *220different conclusion and remanded the cause (Excelsior Springs to use v. Ettenson, 188 Mo. 129), and in the opinion filed eliminated that question from the case.
Thirty-six taxbills were…
2Cases cited26 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Steckert v. City of East SaginawMichigan Supreme Court · 1870
- Warren v. HenlySupreme Court of Iowa · 1870
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Galbreath v. NewtonMissouri Court of Appeals · 1887
21 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Feldhake v. City of Santa FeNew Mexico Supreme Court · 1956
- Blackwell v. City of Lee's SummitSupreme Court of Missouri · 1930
- Frazier v. City of RockportMissouri Court of Appeals · 1918
- Jones v. PlummerMissouri Court of Appeals · 1909
- Muff v. CameronMissouri Court of Appeals · 1908
14 more not listed; retrieve them via the Exa API.