City of Excelsior Springs ex rel. McCormick v. Ettenson
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. Sections 1620 and 1652, Revised Statutes 1889, are unconstitutional and void, and the appointment of city engineer Norris under said laws was void. Petitioners for Board of Viewers, 138 Pa. 430. There is no constitutional question involved. Section 1592, Laws 1893, pp. 107-8, provides for the appointment of a city engineer in making city improvements.
Read the full summary
Transferred from Kansas City Court of Appeals. Sections 1620 and 1652, Revised Statutes 1889, are unconstitutional and void, and the appointment of city engineer Norris under said laws was void. Petitioners for Board of Viewers, 138 Pa. 430. There is no constitutional question involved. Section 1592, Laws 1893, pp. 107-8, provides for the appointment of a city engineer in making city improvements. This section requires him to compute the cost and apportion the same among the lots according to frontage, and to make out and certify the taxbills. The contention of appellant on this point fails…
1Opinion of the CourtValliant, J.
This is a suit on special taxbills issued to pay for work done in the improvement of a *131street in the plaintiff city, charged as a lien on certain property of the defendant. The judgment was in favor of the plaintiff, establishing the lien. The amount of the judgment in money was less than forty-five hundred dollars. Defendant took an appeal to the Kansas City Court of Appeals, but that court transferred the cause to this court, because it was of the opinion that a question as to the constitutionality of a certain ordinance of the city was involved.
We are of the opinion- that there is no…
2Cases cited8 opinions
- State ex rel. Mulholland v. SmithSupreme Court of Missouri · 1897
- Hulett v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1898
- State ex rel. Curtice v. SmithSupreme Court of Missouri · 1903
- State ex rel. Smith v. SmithSupreme Court of Missouri · 1899
- Ash v. City of IndependenceSupreme Court of Missouri · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
- Hohlstein Ex Rel. Hohlstein v. St. Louis Roofing Co.Supreme Court of Missouri · 1931
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- State v. TatmanSupreme Court of Missouri · 1925
3 more not listed; retrieve them via the Exa API.