City of Sedalia ex rel. Taylor v. Dugan

Supreme Court of Missouri

City of Sedalia ex rel. Taylor v. Dugan

104 S.W. 23, 206 Mo. 370, 1907 Mo. LEXIS 158

DecidedJuly 13, 1907

StatusPublished

This text of 104 S.W. 23 (City of Sedalia ex rel. Taylor v. Dugan) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Sedalia ex rel. Taylor v. Dugan, 104 S.W. 23, 206 Mo. 370, 1907 Mo. LEXIS 158 (Mo. 1907).

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Opinion

GRAVES, J.

Three cases were argued and submitted together, i. e., City of Sedalia ex rel. Taylor v. David H. Smith, City of Sedalia ex rel. Taylor v. M. Dogherty, and City of Sedalia ex rel. Taylor v. Anna A. Dugan, the present case.

There is but one difference between this case and the Smith case, in which we have written a full opinion. In this case the defendant, Dugan, signe.d the following petition to the city council:

“Gentlemen: The undersigned property-owners on the street herein named respectfully ask that you cause to be paved that part of Fourth street in said city from Thomson avenue to Park avenue, the woi*k not to begin before April first, A. D. 1895.”

By this act plaintiff claims that defendant is es-topped from denying the validity of the taxbill. Defendant claims that while she did sign said petition, it was one praying for an ordinance to pave the street and not for one to reduce the street to the established grade and then pave it; that the ordinance passed in obedience to the petition was for both classes of work, and therefore she is not estopped. In the view we have taken of the ordinance involved in all these cases, a discussion of this point is unnecessary, and we therefore decline to further discuss it.

The case is reversed and remanded to be proceeded with as indicated by an opinion in the Smith case, ante, page 346.

All concur.

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GRAVES, J.

Three cases were argued and submitted together, i. e., City of Sedalia ex rel. Taylor v. David H. Smith, City of Sedalia ex rel. Taylor v. M. Dogherty, and City of Sedalia ex rel. Taylor v. Anna A. Dugan, the present case.

There is but one difference between this case and the Smith case, in which we have written a full opinion. In this case the defendant, Dugan, signe.d the following petition to the city council:

“Gentlemen: The undersigned property-owners on the street herein named respectfully ask that you cause to be paved that part of Fourth street in said city from Thomson avenue to Park avenue, the woi*k not to begin before April first, A. D. 1895.”

By this act plaintiff claims that defendant is es-topped from denying the validity of the taxbill. Defendant claims that while she did sign said petition, it was one praying for an ordinance to pave the street and not for one to reduce the street to the established grade and then pave it; that the ordinance passed in obedience to the petition was for both classes of work, and therefore she is not estopped. In the view we have taken of the ordinance involved in all these cases, a discussion of this point is unnecessary, and we therefore decline to further discuss it.

The case is reversed and remanded to be proceeded with as indicated by an opinion in the Smith case, ante, page 346.

All concur.

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Bluebook (online)

104 S.W. 23, 206 Mo. 370, 1907 Mo. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-sedalia-ex-rel-taylor-v-dugan-mo-1907.