Legal Opinion

State ex rel. Cavender v. City of St. Louis

Supreme Court of Missouri

Decided March 15, 1874PublishedCited by 5 opinions

Appeal from St. Louis Circuit Court. I. Ordinance No. 7550 establishes a sewer district, but no sewers in the district; and it purports to delegate to the city engineer the power to determine how many sewers there shall be, and where the same shall be located. (Sess. Acts 1870, Art.VIII, § 12, p. 180; Buggies vs. Collier, 13 Mo., 353 ; also Sess. Acts 1870, Art, III, § 1, pp. 163 and 161, subd. 6; Murphy vs. Clemens, 13 Mo. 395.) II.

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Appeal from St. Louis Circuit Court. I. Ordinance No. 7550 establishes a sewer district, but no sewers in the district; and it purports to delegate to the city engineer the power to determine how many sewers there shall be, and where the same shall be located. (Sess. Acts 1870, Art.VIII, § 12, p. 180; Buggies vs. Collier, 13 Mo., 353 ; also Sess. Acts 1870, Art, III, § 1, pp. 163 and 161, subd. 6; Murphy vs. Clemens, 13 Mo. 395.) II. There was no compliance with the requirements of § 17, Art. VIII,.of the act above cited. No plans, profiles or estimates of the cost of any sewers were ever…

1Opinion of the Court

"Wagner, Judge,

delivered the opinion of the court.

This was a petition for a writ of certiorari to bring up the record of the proceedings of the city of St. Louis and its officers, in the matter of the establishment and construction of sewers in Compton Avenue sewer district No. 10, and the assessment of a special tax against the relator and his property for the payment of the cost of such construction. It is alleged in the petition that the proceedings on the part of; the city and its officers are illegal; because, first, no ordinance was ever passed by the city council, establishing and…

2Cited by5 opinions

  1. State ex rel. Belt v. City of St. LouisSupreme Court of Missouri · 1901
  2. Whitworth v. Webb CitySupreme Court of Missouri · 1907
  3. Sheehan v. MartinMissouri Court of Appeals · 1881
  4. Seibert v. CavenderMissouri Court of Appeals · 1877
  5. Perkinson v. PartridgeMissouri Court of Appeals · 1876

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