Legal Opinion

City of St. Louis v. Annex Realty Co.

Supreme Court of Missouri

Decided May 27, 1903PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — Ron. 8. P. Spencer, Judge. (1) The trial court erred in holding that the action of the commissioners in failing to assess any part of the damages against the city generally, and in assessing all the damages against the property-owners, as well as the taking of their property, did not invalidate the assessment, and that it did not render the condemnation proceeding fatally defective on its face, and the taxbills attempted to be…

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Appeal from St. Louis City Circuit Court. — Ron. 8. P. Spencer, Judge. (1) The trial court erred in holding that the action of the commissioners in failing to assess any part of the damages against the city generally, and in assessing all the damages against the property-owners, as well as the taking of their property, did not invalidate the assessment, and that it did not render the condemnation proceeding fatally defective on its face, and the taxbills attempted to be issued, under the ordinances pleaded and city charter, irregular and void. Secs. 5 and 6, art. 6, city charter; Eyssell v.…

1Opinion of the CourtMaeshall, J.

— This is a proceeding to enforce the payment of certain benefits assessed against lots 21 to 25, inclusive, of city block 2954, in a condemnation suit heretofore prosecuted to a final judgment by the city to widen Iron street from Michigan avenue to Grand avenue, under ordinance 16758. The defendant, the-Annex Eealty Company, owns the fee, which is subject to a deed of trust that is held by the other defendants. The condemnation case was begun on November 14,-1892, the several steps anil proceedings' taken and had therein were strictly in conformity to the requirements of the law, and the…

2Cases cited9 opinions

  1. City of St. Louis v. RankenSupreme Court of Missouri · 1888
  2. Burdoin v. Town of TrentonSupreme Court of Missouri · 1893
  3. State ex rel. Wabash Railroad v. BlandSupreme Court of Missouri · 1902
  4. Michael v. City of St. LouisSupreme Court of Missouri · 1892
  5. Buddecke v. ZiegenheinSupreme Court of Missouri · 1894

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3Cited by6 opinions

  1. City of St. Louis v. BrinckwirthSupreme Court of Missouri · 1907
  2. Kansas City v. FieldSupreme Court of Missouri · 1917
  3. Pleadwell v. Missouri Glass Co.Missouri Court of Appeals · 1910
  4. Lucas v. CellaMissouri Court of Appeals · 1905
  5. Rosenzweig v. FergusonSupreme Court of Missouri · 1941

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