City of St. Joseph ex rel. Gibson v. Owen
Supreme Court of Missouri
Appeal from Buchanm Circuit Court. — Hon. O. M. Spencer, Judge. (1) The statute under which the mayor and council attempted to act provides for the assessment of the cost of the sewer against the entire district, and no assessment can be made which does not include it all.
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Appeal from Buchanm Circuit Court. — Hon. O. M. Spencer, Judge. (1) The statute under which the mayor and council attempted to act provides for the assessment of the cost of the sewer against the entire district, and no assessment can be made which does not include it all. R. S. 1889, sec. 1429. If the statute be intended to authorize the assessment of the whole property of the district for the construction of only a part of the improvement by which it was to be benefited, then it is to that extent unconstitutional and void. Hanscomv. Omaha, 11 Neb. 43; Thomas v. Cain, 35 Mich. 160. If the…
1Opinion of the CourtSherwood, P. J.
Action on two tax bills. The city of St. Joseph is a city of the second class, and is *449governed by the provisions of section 1429, Revised Statutes, 1889, and its associate sections. Acting under the provisions of the section just mentioned, the city, by ordinance, established sewer district number 21. Then another ordinance was adopted by the city which was entitled “An ordinance to provide for the construction of sewers in a portion of district number 21.” The ordinance was as follows:
“Sec. 1. The city engineer is hereby authorized and directed to cause district sewers to be constructed in a…
2Cases cited6 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
- Garrett v. City of St. LouisSupreme Court of Missouri · 1857
- Sheehan v. Good Samaritan HospitalSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Mound City Land & Stock Co. v. MillerSupreme Court of Missouri · 1902
- Morrison v. MoreySupreme Court of Missouri · 1898
- Meier v. City of St. LouisSupreme Court of Missouri · 1904
- Board of Directors v. CollinsNebraska Supreme Court · 1895
- Kansas City v. BaconSupreme Court of Missouri · 1898
21 more not listed; retrieve them via the Exa API.