Michel v. Taylor

Summary

The court considers a challenge to a special tax bill issued by the City of Joplin for sidewalk construction. It holds that the required one-week advertisement for bids had not elapsed before the contract was awarded, rendering the tax bill void. The judgment for the defendant is affirmed, and the court declines to dismiss the case for lack of writ-of-error notice.

Holdings

1. The filing of a merits brief together with a motion objecting to the writ of error does not waive the right to insist on the objection.
2. Publication of the notice on January 1 and each succeeding day through January 7 did not satisfy the requirement of not less than one week's advertisement because seven full days had not elapsed before the contract was awarded.
3. Statutory and ordinance requirements for notice of letting contracts for public improvements are mandatory rather than directory; failure to comply rendered the special tax bill void.

Questions Presented

1. Whether the failure to show service of statutory notice of the writ of error required dismissal of the proceeding.
2. Whether filing a brief on the merits waived the defendant's objection to the writ of error.
3. Whether publication of notice for bids on seven consecutive mornings, with the contract awarded on the seventh day, satisfied the requirement of not less than one week's advertisement.
4. Whether the statutory and ordinance requirements for notice of letting a public-improvement contract were mandatory or merely directory.

Disposition

affirmed