City of Sedalia ex rel. Taylor v. Abell
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) The taxbill sued on is void because the city council did not declare by ordinance or otherwise, that in its judgment the general revenue fund of the city was not in a condition to warrant an expenditure therefrom, for bringing the street to the established grade. Carthage v. Badgley, 73 Mo. App. 123; Kolkmeyer & Co. v. City of Jefferson, 75 Mo.
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Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) The taxbill sued on is void because the city council did not declare by ordinance or otherwise, that in its judgment the general revenue fund of the city was not in a condition to warrant an expenditure therefrom, for bringing the street to the established grade. Carthage v. Badgley, 73 Mo. App. 123; Kolkmeyer & Co. v. City of Jefferson, 75 Mo. App. 678; "Wheeler v. Poplar Bluff, 149 Mo. 36; Poplar Bluff v. Hoag, 62 Mo. App. 672; Act of April 19, 1893, Laws 1893, 3d par., sec. 108, p. 90. (2) "When special powers are…
1Opinion of the CourtEllison, J.
— This action is to recover the amount of a special taxbill issued for street work in the city of Sedalia. The plaintiff recovered in the trial court.
The city of Sedalia is a city of the third class, and at the time of the proceedings' in controversy was governed by the laws of 1893, p. 90, secs. 108 and 109, wherein it is provided that the cost of bringing a street to grade may be paid out of the general revenue, or that such cost may be paid by a general assessment on taxable property within the city. It is also provided in said law, that the cost of paving, guttering and curbing, and for…
2Cases cited4 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Wheeler v. City of Poplar BluffSupreme Court of Missouri · 1899
- City of Poplar Bluff ex rel. Wheeler v. HoagMissouri Court of Appeals · 1895
- W. H. Kolkmeyer & Co. v. City of JeffersonMissouri Court of Appeals · 1898
3Cited by1 opinion
- City of Sedalia ex rel. Taylor v. SmithSupreme Court of Missouri · 1907