Legal Opinion

Dollar Savings Bank v. Ridge

Missouri Court of Appeals

Decided May 6, 1895PublishedCited by 5 opinions

Appeal from the Jaclcson Circuit Court'. — Hon. E. L. Soarritt, Judge. (1) The mayor’s message to the common council at the sessions, at which the ordinance providing for the sewer in question was passed, referred to said ordinance merely as “an ordinance to establish sewer district number 151,” and said nothing about constructing a sewer in said district. The common counsel therefore had no power to pass said ordinance and it is void.

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Appeal from the Jaclcson Circuit Court'. — Hon. E. L. Soarritt, Judge. (1) The mayor’s message to the common council at the sessions, at which the ordinance providing for the sewer in question was passed, referred to said ordinance merely as “an ordinance to establish sewer district number 151,” and said nothing about constructing a sewer in said district. The common counsel therefore had no power to pass said ordinance and it is void. Kansas City Charter (1889), page 25, art. 4, sec. 12; St. Louis v. Withaus, 16 Mo. App. 247; s. o., 90 Mo. 648; Wells v. Railroad, 110 Mo. 286; Partridge v.…

1Opinion of the CourtGtll, J.

This is an action on a special tax bill, issued for the construction of a sewer in district number 151, Kansas City. The circuit court gave judgment for the enforcement thereof against defendant’s property, and he appealed to this court.

•The case is defended on two grounds: First, that the ordinance providing for the work is invalid, because not specifically mentioned in the message of the mayor, at the special sessions of the common council wherein it was considered and passed; and, second, that the tax bill was illegal and void, because the cost of the work was not computed or apportioned…

2Cases cited1 opinion

  1. McQuiddy v. VineyardMissouri Court of Appeals · 1895

3Cited by5 opinions

  1. Neil v. RidgeSupreme Court of Missouri · 1909
  2. Dollar Savings Bank v. RidgeSupreme Court of Missouri · 1904
  3. Dollar Savings Bank v. RidgeMissouri Court of Appeals · 1899
  4. State ex rel. Ridge v. SmithSupreme Court of Missouri · 1899
  5. Menefee v. BellMissouri Court of Appeals · 1895

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