Shoenberg v. Field
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. Jno. W. Henry, Judge. (1) It Laving been made clear by the testimony that the board of public works did not exercise its judgment in the selection of the vitrified brick of the Diamond Brick & Tile Company, as the brick material for the pavement, and that such designation and selection by the board of public works was due to a practice of the board, then in vog’ue, to designate whatever materials might be specified in a petition,…
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Appeal from Jackson Circuit Court. — How. Jno. W. Henry, Judge. (1) It Laving been made clear by the testimony that the board of public works did not exercise its judgment in the selection of the vitrified brick of the Diamond Brick & Tile Company, as the brick material for the pavement, and that such designation and selection by the board of public works was due to a practice of the board, then in vog’ue, to designate whatever materials might be specified in a petition, signed by residents owning a majority in front feet of the land fronting on a proposed street pavement, filed by the agent…
1Opinion of the CourtEllison, J.
This action is to enforce a lien of a special taxbill, issued for paving a street in front of the defendant’s property in Kansas City, as a “business street.” The judgment in the trial court was for the plaintiff.
Provision is made in section 2 of article 4, of the-charter of Kansas City, for paving the streets by the city council passing a resolution declaring it to be necessary, and, if no remonstrance from a majority of property-owners was thereafter presented 'in a designated time, by passing an ordinance directing a contract for the work.' The last proviso in said section, authorizing the…
2Cases cited7 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Barber Asphalt Paving Co. v. HuntSupreme Court of Missouri · 1889
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3Cited by17 opinions
- Swift v. City of St. LouisSupreme Court of Missouri · 1904
- Curtice v. SchmidtSupreme Court of Missouri · 1907
- Kansas City Hydraulic Press Brick Co. v. National Surety Co.Court of Appeals for the Eighth Circuit · 1909
- State ex rel. Curtice v. SmithSupreme Court of Missouri · 1903
- National Surety Company v. Kansas City Hydraulic Press Brick Co.Supreme Court of Kansas · 1906
12 more not listed; retrieve them via the Exa API.