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22 Mo. App. 640

Morley v. Carpenter

Missouri Court of Appeals

Decided June 14, 1886

Missouri Court of Appeals · decided 1886-06-14

Joseph P. Gírubb, Judge. Statement of case by the court. This was an action upon special tax-bills for the cost of macadamizing done by plaintiff on one of the streets in the city of St. Joseph, assessed against defendant’s lots. The case was tried by the court sitting as a jury upon the following statement of facts : “For the purposes of this case, the following statement of facts is agreed and entered into by and between the parties hereto: “1.

Cited by 1 later decisions — most recently April 1905

1 state decisions

Relies on Farrar v. City of St. Louis

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded with directions · Decided 1886-06-14

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Hall, J.

¶1The action of the trial court in rendering judgment upon the agreed statement of facts in favor of defendant was based, clearly, upon the idea that the city of St. Joseph had exhausted her power to order the *643street in question to be macadamized at the cost of the adjacent lots by once having had such street macadamized. The court’s action can be supported upon ho other idea. The idea is erroneous. “The power to compel property owners to pave generally extends to the compelling them to re-pave when required by the municipal authorities.” Farrar v. St. Louis, 80 Mo. 392. The power is a continuing power and is not exhausted by being once exercised.

¶2The court should have rendered judgment in favor ©f plaintiff in accordance with the prayer of his petition.

¶3The judgment is reversed and the cause remanded with direction to render such judgment.

All ooncur.
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