Saxton National Bank v. Carswell
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. M„ Ramey, Judge. (1) The statute (city charter) under which the tax bill was issued was unconstitutional, because it provided for taking property without “due process of law.” No hearing was provided for the taxpayer. First. A hearing is an essential element of due process of law.
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Appeal from Buchanan Circuit Court. — Hon. H. M„ Ramey, Judge. (1) The statute (city charter) under which the tax bill was issued was unconstitutional, because it provided for taking property without “due process of law.” No hearing was provided for the taxpayer. First. A hearing is an essential element of due process of law. Bunn v. Burleigh, 62 Ky. 24; Norman v. Heist, 5 W. & S. 193; Ciarle v. Mitchell, 64 Mo. 564; Campbell v. Bwiggins, 83 Ind. 473; Tyler v. State ex rel., 83 Ind. 565; Stuart v. Palmer, 74 N. Y. 183; Gatchv. Bes Moines, 63 Iowa, 418; Strosser v. Fort Wayne, 100 Ind. 456;…
1Opinion of the CourtGantt, P. J.
— This appeal is from a judgment of the circuit court of Buchanan county enforcing a special tax bill against the property of Mrs. Carswell abutting on Chestnut street, in the city of St. Joseph, under an ordinance establishing*the grade of said street.
St. Joseph is a city of the second class, and its charter is contained in the Revised Statutes of 1889, volume 1, chapter 30, article 3, page 359. The provisions of the charter prescribing the power and the mode of procedure in grading its streets and levying the cost thereof are contained in sections 1403, 1404, 1405, 1406 and 1407, Revised…
2Cases cited7 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- City of St. Louis v. RankenSupreme Court of Missouri · 1888
- Michael v. City of St. LouisSupreme Court of Missouri · 1892
- City of St. Louis v. RichesonSupreme Court of Missouri · 1882
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3Cited by4 opinions
- City of Springfield ex rel. Central National Bank v. WeaverSupreme Court of Missouri · 1897
- Embree v. Kansas City & Liberty Boulevard Road DistrictSupreme Court of Missouri · 1914
- Fay v. City of SpringfieldU.S. Circuit Court for the District of Western Missouri · 1899
- Mudd v. WehmeyerSupreme Court of Missouri · 1929