McCoy v. Randall

• Decision Date: 01 July 1909
• Parties: McCOY et al. v. RANDALL et al.
• Court: Missouri Supreme Court

121 S.W. 31

222 Mo. 24

McCOY et al. v. RANDALL et al.

Supreme Court of Missouri, Division No. 1.

July 1, 1909.

1. COURTS (§ 231) — SUPREME COURT — JURISDICTION — AMOUNT IN CONTROVERSY.

While, as respects original jurisdiction in lower courts, it is as a rule only necessary to consider the value of plaintiff's interest to determine whether the court has jurisdiction of the amount in controversy, on appeal the interests of both parties must be considered; and where, on appeal in an action to enjoin suit to collect special tax bills, issued against different parcels of ground, it appeared that a defendant bank owned all the tax bills amounting to over $4,500 in amount, though the amount of the bills issued against the property of each plaintiff in no case equaled that amount, the Supreme Court, and not the Court of Appeals, had jurisdiction, under Rev. St. 1899, § 1649a, added by Laws 1901, p. 107 (Ann. St. 1906, p. 1208), providing that the St. Louis and Kansas City Courts of Appeals shall have jurisdiction of appeals and writs of error where the amount in dispute, exclusive of costs, shall not exceed $4,500.

2. MUNICIPAL CORPORATIONS (§ 314) — LOCAL IMPROVEMENTS — FILING PLANS BEFORE LETTING CONTRACT — "PLANS" — "SPECIFICATIONS."

Rev. St. 1899, § 5859, as amended by Laws 1901, p. 65 (Ann. St. 1906, p. 2967), provides that, when the council of a city of the third class deems a street improvement necessary, it shall take certain steps, and, if a majority of the owners of the front feet of property owned by residents of the city abutting on the street do not file a protest, the council may cause a contract for the work to be let to the lowest and best bidder on plans and specifications filed therefor with the city clerk by the city engineer, etc. Held, that the word "plans" as used means a profile, drawing, or picture showing, in a general way, the character of the work to be done, while "specifications" means a detailed statement of the character of the improvements, the purpose of the provision being that by filing the plans and specifications information would be furnished to prospective bidders to enable them to intelligently figure on the cost thereof; and, where there was nothing complicated or difficult to understand about grading or paving the street sought to be improved, and all the details of the work were fully stated, both in the ordinance authorizing the work to be done, and in the specifications filed in the clerk's office, the omission to file plans with the specifications did not invalidate the contract for the work.

3. MUNICIPAL CORPORATIONS (§ 314) — STREET IMPROVEMENTS — SUFFICIENCY OF SPECIFICATIONS FILED.

Inasmuch as the grade of a city street can only be established by ordinance, the grade having been so established, and the ordinance presumably being on file as a public law of the city, in the office of the city clerk where the specifications were filed, so that bidders could as easily examine the ordinance as the specifications, the specifications were not insufficient because not stating what was the established grade of the street.

4. MUNICIPAL CORPORATIONS (§ 335) — STREET IMPROVEMENTS — CONTRACTS — ACCEPTANCE OF BIDS.

The charter not requiring that the city council should accept a bid for doing the work by ordinance, but merely providing that it should have power to cause a contract for the work to be let to the lowest and best bidder, and the acceptance of the bid and awarding of the contract not being the exercise of legislative functions, an ordinance accepting the bid was not necessary.

5. MUNICIPAL CORPORATIONS (§ 362) — STREET IMPROVEMENTS — CONTRACTS — EXTENSION OF TIME — VALIDITY.

Where an original ordinance, authorizing street improvements, to be made, provides for an extension of time for completion of the work, and an ordinance granting an extension is passed prior to the expiration of the time first given, the extension is valid.

6. APPEAL AND ERROR (§ 1009) — REVIEW — ISSUES OF FACT IN EQUITY CASE.

In an equity case, the Supreme Court should defer largely to the finding of the trial court as to issues of fact.

Appeal from Circuit Court, Jackson County.

Action by L. F. McCoy and others against Joseph J. Randall and others. Judgment for defendants, and plaintiffs appeal. Affirmed.

This was an equitable proceeding begun in the circuit court of Jackson county for the purpose of enjoining defendants from prosecuting any suits to collect special tax bills issued against the respective lots or parcels of grounds belonging to the plaintiffs by the city of Independence, a city of the third class, for grading and paving West College avenue from the west line of Delaware street to the western limits of the city, a distance of about 3,800 feet, and for the purpose of having said tax bills declared illegal, null, and void, and the cloud cast upon the title of the respective plaintiffs to said lots or parcels of ground by reason thereof removed. The tax bills involved in this case are in the usual form, and aggregate the sum of $4,992.47, with interest. There was a trial had before the court, which resulted in a finding of the facts and a rendition of judgment in favor of the defendants. In due time and in proper manner plaintiff appealed to this court. In conformity to the charter of cities of the third class a resolution by the city council was duly passed declaring the grading and paving necessary. On April 4, 1903, a special ordinance was duly enacted authorizing the grading and paving to be done. On May 22, 1903, by viva voce vote, the work, after having been duly advertised, was awarded to W. C. Rice for the sum of 94 cents per square yard, he being the only bidder. No plans for doing the work were filed with the city clerk by the city engineer at any time, as provided by the charter of such cities, but specifications therefor, as thereby provided for, were on file during all of the times hereinafter mentioned. Said specifications were as follows:

"Specifications for grading and paving with broken stone West College avenue from west line of Delaware street to the west line of the northeast quarter of the northwest quarter of section 3, township 49, range 32.

"Resolution No. 132, approved March 7, 1903.

"Ordinance No. 1749, approved April 4, 1903.

"Time to complete the work ____ days from date of contract.

"Grading. Said street shall be graded from street line to street line to the established grade and cross-section. Under this head will be included all work necessary for the formation of the roadway, sidewalks and park spaces, including removing timber, brush, rock, etc.

"Paving. That said street for a width of thirty feet in the center thereof be paved with good hard limestone. Said portion of said street to be paved shall * * * be brought to a subgrade, twelve inches below and parallel to the finish grade and cross-sections of said street, which shall be rolled with a steam roller weighing not less than ten tons until the subgrade presents a uniform hard surface with proper cross-sections and elevations; any soft or spongy places are to be removed and filled with proper material and re-rolled.

"Upon this subgrade shall be placed a six-inch course of broken stone ranging in size from one to four inch cubes, which shall be rolled with a steam roller weighing not less than ten tons until thoroughly compacted, after which a course of broken stone ranging in size from one to three inch cubes shall be spread on the first course to such a depth that after being thoroughly compacted that the surface of said paving shall conform to the grade and cross-section of said street, after which a thin course of rock screening shall be spread evenly over the surface of said pavement and thoroughly worked into the interstices until they are full by liberal use of water and steam roller.

"Bidders will state price per square yard of stone pavement, including all work required by these specifications.

"The work must be executed strictly in accordance with these specifications and under the instruction of the city engineer and strictly to grade and cross-section as shown by the stakes set from time to time.

"All work must be finished in a neat, substantial manner.

"Payments will be made in special tax bills against the property liable therefor.

"H. H. Pendleton, City Engineer."

The ordinance authorizing the work to be done provided, among other things, that "in all other particulars the work both of grading and paving shall conform to the plans and specifications now on file in the office of the city clerk." The work by the terms of the ordinance was to be completed in 120 days from the date on which the contract was awarded unless stopped or delayed, etc., and before the expiration of that time an extension of 60 days was duly given by ordinance, and before the expiration of the 60 days the work was completed. After the completion of the work the city, by ordinance duly enacted, levied the special taxes, the collection of which is hereby sought to be enjoined. Such additional facts as may be necessary for the proper determination of the case will be noted during the course of the opinion.

A. R. Strother and James G. Smart, for appellants. Paxton & Rose, for appellees.

WOODSON, J. (after stating the facts as above).

1. While appellants brought this case to this court on appeal, yet they now insist that it has no jurisdiction to hear and determine the same, but the jurisdiction over the same rests with the Kansas City Court of Appeals, and that it should be certified to that court for adjudication. The appellants contend that because of the common interest they had in the legal questions involved, and to avoid a multiplicity of suits and to save costs, they had the right to join in bringing this suit, and that while the aggregate amount of the tax bills levied against their respective properties was in excess of $4,500, yet not one of them was equal to that sum....