Town of Trenton v. Coyle

Decision Date23 November 1891
Citation107 Mo. 193,17 S.W. 643
PartiesTOWN OF TRENTON v. COYLE.
CourtMissouri Supreme Court

Appeal from circuit court, Grundy county; G. D. BURGESS, Judge. Affirmed.

Petition of the town of Trenton against John Coyle to enforce a lien against land for street improvement. Defendant's demurrer to the petition was sustained, and plaintiff appeals.

O. M. Shanklin and W. W. Witten, for appellant. Harber & Knight, for respondent.

BRACE, J.

This is an appeal from the judgment of the circuit court sustaining a demurrer to plaintiff's petition. The petition sets out the incorporation of the plaintiff by an act of the general assembly, approved March 9, 1872, (Laws 1872, p. 478,) by which authority is given to the town of Trenton, by ordinance, to levy and collect taxes for general or special purposes, and to establish, open, alter, extend, grade, pave, or otherwise improve all streets in said town; and then it is therein alleged that, in pursuance of such authority, ordinance No. 46 was duly passed, in which it was provided that "whenever the owners of two-thirds of all the real estate fronting both sides of any street or avenue, for any specified distance, not less than one block, on any street or avenue, shall petition the town council in writing to have such street, avenue, or such portion thereof graded and macadamized, the council shall order the same done, and shall also levy a special tax for the payment thereof on the real estate fronting said street, avenue, or portion thereof, proportionate to the extent of the respective fronts." That afterwards the owners of two-thirds of the property fronting on both sides of Water street in said town presented to the town council their petition in writing, asking that said street between Trenton avenue and the north side of East street be macadamized. That thereupon it was by the council "ordered" "that the petition be granted," "and that, in addition to six inches of macadam, there be added three inches of coarse sand or gravel, the same to be taxed against property fronting along said street." That thereupon a contract for macadamizing said portion of said street was duly let, at the price of 60 cents per square yard, at which price it was duly macadamized by the contractors. That at the time said petition...

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9 cases
  • Johnson v. Underwood
    • United States
    • Missouri Supreme Court
    • February 3, 1930
    ... ... 362; St. Louis v. Koch, 169 Mo. 587; Nevada to use of Gilfillan v. Eddy, 123 Mo. 546; Town of Trenton v. Coyle, 107 Mo. 193; Cole v. Skrainka, 105 Mo. 303; Barton v. Kansas City, 110 Mo ... ...
  • Johnson v. Underwood
    • United States
    • Missouri Supreme Court
    • February 3, 1930
    ... ... Louis v. Koch, 169 Mo. 587; Nevada to ... use of Gilfillan v. Eddy, 123 Mo. 546; Town of ... Trenton v. Coyle, 107 Mo. 193; Cole v ... Skrainka, 105 Mo. 303; Barton v. Kansas ... ...
  • Platte City Ben. Assessment Special Road Dist. of Platte County v. Couch
    • United States
    • Missouri Supreme Court
    • July 3, 1928
    ... ... Louis v. Koch, 169 Mo. 587; City of ... Nevada to use Gilfillan v. Eddy, 123 Mo. 546; Town ... of Trenton v. Coyle, 107 Mo. 193; Cole v ... Skrainka, 105 Mo. 303; Smith v. City of ... ...
  • Platte City Special Road District v. Couch
    • United States
    • Missouri Supreme Court
    • July 3, 1928
    ... ... 362; St. Louis v. Koch, 169 Mo. 587; City of Nevada to use Gilfillan v. Eddy, 123 Mo. 546; Town of Trenton v. Coyle, 107 Mo. 193; Cole v. Skrainka, 105 Mo. 303; Smith v. City of Westport, 105 Mo ... ...
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