Bigelow v. City of Springfield
Missouri Court of Appeals
Appeal from Green County Circuit Court. — New. Arch. A. Johnson, Judge. (1) City of third class may open streets by ordinance of the council. Sees. 9258 and 9262, R. S. 1909, and secs. 5861 and 5864, R. S. 1899. (Must be by ordinance by either R. S. .1909 or 1899.) (2) Must prove that work was done and ordered to be done under an ordinance.
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Appeal from Green County Circuit Court. — New. Arch. A. Johnson, Judge. (1) City of third class may open streets by ordinance of the council. Sees. 9258 and 9262, R. S. 1909, and secs. 5861 and 5864, R. S. 1899. (Must be by ordinance by either R. S. .1909 or 1899.) (2) Must prove that work was done and ordered to be done under an ordinance. Rowland v. City of Gallatin, 75- Mo. 134 (This case is approved by late case' of McQuartin v.' City of St. Joseph, 114 S. W. 1140.) Gleason v. City of Kirksville, 136 Mo. App. 521; Kroffe v. City of Springfield, 86 Mo. App. 530; Stewart v. City of Clinton,…
1Opinion of the CourtFarrington, J.
This suit was instituted by the respondent for the purpose of recovering damages in the sum of five hundred dollars for the taking of fifty feet off his. lot the full length thereof in opening and extending a street. At the close of respondent’s *466-case, the court directed a verdict for the defendant, hut subsequently sustained a motion for a new trial ■and it is from that order that the city appealed.
The petition in this case is as follows: (Formal parts omitted.)
“Plaintiff for cause of action states that defendant is and was at the several dates herein mentioned a municipal corporation…
2Cases cited28 opinions
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
23 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Likes v. City of RollaMissouri Court of Appeals · 1914
- State Ex Rel. C. H. Atkinson Paving Co. v. AronsonSupreme Court of Missouri · 1940
- State Ex Rel. Gove v. TateSupreme Court of Missouri · 1969
- Duckworth v. City of SpringfieldMissouri Court of Appeals · 1916
- Deakyne v. Commissioners of LewesDistrict Court, D. Delaware · 1971
4 more not listed; retrieve them via the Exa API.