Knopfi v. Gilsonite Roofing & Paving Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — lion. Goo. F. Longan, Judge. (1) Upon tbe filing of tbe protest tbe' city council ceased to bave any jurisdiction'to proceed witb tbe work. Laws of 1893, p. 92, sec. 110; Eorbis v. Bradbury, 58 Mo. App. 506. (2) Tbe council can not acquire jurisdiction after tbe proceeding is dead by the withdrawal of names from tbe protest.
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Appeal from Pettis Circuit Court. — lion. Goo. F. Longan, Judge. (1) Upon tbe filing of tbe protest tbe' city council ceased to bave any jurisdiction'to proceed witb tbe work. Laws of 1893, p. 92, sec. 110; Eorbis v. Bradbury, 58 Mo. App. 506. (2) Tbe council can not acquire jurisdiction after tbe proceeding is dead by the withdrawal of names from tbe protest. Laws of 1893, p. 92, sec. 110; Laws of 1893, p. 35, sec. 1; Jersey Brewing Oo. v. Jersey Oity, 42 N. J. L. 575; Yanderbeek v. Jersey Oity, 44 N, J. L. 626; Armstrong v. Ogden Oity (Utah), 43 Pac. 119; Roebling v. Oity of Trenton (N. J.…
1Opinion of the CourtEllison, J.
This proceeding is a bill in equity to annul a taxbill issued against plaintiff’s property in tbe city of Sedalia on account of paving a street on wbicb plaintiff’s property abuts. The judgment in the trial court was for defendant. The paving was ordered and contracted for by the city council under the provisions of section 110, page 92, of the Laws of 1893. It is provided by that section that when the council shall deem it necessary to pave or otherwise improve a street within the limits of the city, for which a special taxbill is to be levied, “the council shall by resolution declare said…
2Cases cited19 opinions
- Mollan v. TorranceSupreme Court of the United States · 1824
- State v. GerhardtIndiana Supreme Court · 1896
- Tapley v. MartinMassachusetts Supreme Judicial Court · 1874
- State ex rel. Lewis v. EgglestonSupreme Court of Kansas · 1886
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
- City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomerySupreme Court of Missouri · 1910
- City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomeryMissouri Court of Appeals · 1904
- City of Sedalia ex rel. Gilsonite Construction Co. v. ScottMissouri Court of Appeals · 1904
- Rodgers v. City of OttawaSupreme Court of Kansas · 1910
4 more not listed; retrieve them via the Exa API.