City of Ferguson v. Steffen, No. 20019.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtSutton
Citation300 S.W. 1039
PartiesCITY OF FERGUSON, to Use of UNITED CONST. CO., v. STEFFEN et ux.
Decision Date10 January 1928
Docket NumberNo. 20019.
300 S.W. 1039
CITY OF FERGUSON, to Use of UNITED CONST. CO.,
v.
STEFFEN et ux.
No. 20019.
St. Louis Court of Appeals, Missouri.
January 10, 1928.
Rehearing Denied January 24, 1928.

[300 S.W. 1040]

Appeal from Circuit Court, St. Louis County; John W. McElhinny, Judge.

"Not to be officially published."

Action by the City of Ferguson, to the use of the United Construction Company, against Christian J. Steffen and wife. Judgment for plaintiff, and defendants appeal. Affirmed.

Louis H. Steffen, of St. Louis, for appellants.

Kinealy & Kinealy, of St. Louis, for respondent.

SUTTON, C.


This is an action on three special tax bills, for $100.44 against lot No. 9, $100.44 against lot No. 10, and $105.07 against lot No. 11, in block 2 of Randolph Place, in the city of Ferguson. Defendants are the owners of the lots. Ferguson is a city of the fourth class. The tax bills were issued to cover assessments against said lots for the construction of sewers and a septic tank in sanitary sewer district No. 6. The court below gave judgment in favor of plaintiff, charging said] tax bills as special liens against said lots, and ordering the lots sold to pay same. The judgment charges against lot No. 9 the sum of $170.70, against lot No. 10 the sum of $170.70, and against lot No. 11 the sum of $175.37 including interest. From this judgment the defendants appeal.

On March 29, 1921, Ordinance No. 902, establishing the boundaries of sanitary sewer district No. 6, and defining the area subject to special assessments, for the construction of sewers and a septic tank therein, was passed by the board of aldermen. Afterwards, on the same clay, Ordinance No. 903 was passed, which, after declaring the necessity for the construction of a system of sewers and a septic tank for sanitary purposes in said sanitary sewer district No. 6, provides as follows:

"There shall be a system of sewers and a septic tank therefor constructed in sewer district No. 6 of the city of Ferguson, and the mayor of the city is hereby authorized and requested to at once prepare and submit to the board of aldermen plans and specifications and an estimate of the cost of doing said work, setting out in detail the location of said sewers and said septic tank, the method of the construction of said sewers and septic tank, and the material of which said sewers and said septic tank should be constructed, and to submit to the board of aldermen an estimate of the cost of building said sewers and said septic tank."

On March 31, 1921, Ordinance No. 904 defining the location, etc., of the sewers and septic tank to be constructed in said sanitary sewer district No. 6, and adopting and approving the plans and specifications therefor and the estimate of the cost thereof, was passed. On the same day, previous to the passage of said ordinance, the mayor, who was an engineer, prepared and filed an estimate of the cost of said work. He had, on January 25, 1921, prepared and filed plans and specifications on which this estimate was based. These plans and specifications were prepared and tiled under a set of...

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2 practice notes
  • Henson v. Perry County Savings & Loan Ass'n, No. 19939.
    • United States
    • Court of Appeal of Missouri (US)
    • January 10, 1928
    ...together with his passbook, the check for $57.10, and the deposit slip for $57.10 with it. The deposit slip as originally left by Henson 300 S.W. 1039 was written in pencil and for the sole item of $57.10. It further appears that the representatives of the bank commissioner had been checkin......
  • Cunningham v. City of Butler, No. 43104
    • United States
    • United States State Supreme Court of Missouri
    • March 9, 1953
    ...Bank v. Houck, 226 Mo.App. 835, 43 S.W.2d 908, loc.cit. 911(4, 5); City of Ferguson, to Use of United Const. Co. v. Steffen, Mo.App., 300 S.W. 1039, loc.cit. Plaintiffs say the tax bills were rendered void because the City through its council amended the specifications and contract by an ad......
4 cases
  • Lucas v. Murphy, No. 37615.
    • United States
    • United States State Supreme Court of Missouri
    • December 16, 1941
    ...Goodson, 14 S.W. (2d) 561; Johnson v. Underwood, 324 Mo. 578, 24 S.W. (2d) 133; City of Ferguson to Use of United Const. Co. v. Steffen, 300 S.W. 1039; Aetna Ins. Co. v. O'Malley, 343 Mo. 1232, 124 S.W. (2d) 1164. (4) Control of a corporation is vested in the board of directors. Murphy v. D......
  • Rector v. Consolidated School Dist. No. 3, No. 17478.
    • United States
    • Missouri Court of Appeals
    • April 3, 1933
    ...Roberts, 284 Mo. 363, 223 S. W. 796; Swanson v. Bradshaw (Mo. App.) 187 S. W. 268; City of Ferguson, etc., v. Steffen et ux. (Mo. App.) 300 S. W. 1039. But even if the case had been tried on this theory now urged for the first time, still, as the funds provided were on hand when the contrac......
  • Henson v. Perry County Savings & Loan Ass'n, No. 19939.
    • United States
    • Court of Appeal of Missouri (US)
    • January 10, 1928
    ...together with his passbook, the check for $57.10, and the deposit slip for $57.10 with it. The deposit slip as originally left by Henson 300 S.W. 1039 was written in pencil and for the sole item of $57.10. It further appears that the representatives of the bank commissioner had been checkin......
  • Cunningham v. City of Butler, No. 43104
    • United States
    • United States State Supreme Court of Missouri
    • March 9, 1953
    ...Bank v. Houck, 226 Mo.App. 835, 43 S.W.2d 908, loc.cit. 911(4, 5); City of Ferguson, to Use of United Const. Co. v. Steffen, Mo.App., 300 S.W. 1039, loc.cit. Plaintiffs say the tax bills were rendered void because the City through its council amended the specifications and contract by an ad......

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