Allen v. La Force
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — -How. J. H. Slover, Judge. (1) Ordinance number 8438 is void because it fails to designate any time within which the improvement was to commence or be completed; and confers no authority, immediate or otherwise, upon any person to proceed to make the improvements. McQuiddy v. Brannock, 70 Mo.
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Appeal from Jackson Circuit Court. — -How. J. H. Slover, Judge. (1) Ordinance number 8438 is void because it fails to designate any time within which the improvement was to commence or be completed; and confers no authority, immediate or otherwise, upon any person to proceed to make the improvements. McQuiddy v. Brannock, 70 Mo. App. 535; Carlin v. Cavender, 56 Mo. 288. (2) The ordinances passed upon in Carlin v. Cavender, 56 Mo. 288, and Sheehan v. Grleeson, 46 Mo. 106, are direct and immediate orders upon the city engineer to cause the work to be done and, therefore, confer an immediate…
1Opinion of the CourtBroaddus, J.
This is a suit upon certain tax-bills issued for work done in improving Olive street in Kansas City, Missouri. . An ordinance was regularly passed by the common council of said city providing for paving said street, under which a contract was awarded to H. S. Trestrail to do the work. There is no complaint in regard to the regularity of any of the proceedings, or that the work was not completed as the contract specified, except that the ordinance was void, as it did not fix any time for the completion of the work.
The appeal is taken under the misapprehension that time is of the essence of a…
2Cases cited4 opinions
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Carlin v. CavenderSupreme Court of Missouri · 1874
- Ayres v. SchmohlMissouri Court of Appeals · 1900
- Strassheim v. JermanSupreme Court of Missouri · 1874
3Cited by4 opinions
- Hilgert v. Barber Asphalt Paving Co.Missouri Court of Appeals · 1904
- Jaicks v. Middlesex Investment Co.Supreme Court of Missouri · 1906
- Gordon v. GordonMissouri Court of Appeals · 1908
- City of Marshall v. WisdomMissouri Court of Appeals · 1908