Hund v. Rackliffe
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Ho». A. M. Woodson, Judge. (1) The act of the General Assembly (Laws 1899, p. 78) is void, because it authorizes the municipal assembly to create a valid lien upon property without any notice whatever to the party whose property is to be charged.
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Appeal from Buchanan Circuit Court. — Ho». A. M. Woodson, Judge. (1) The act of the General Assembly (Laws 1899, p. 78) is void, because it authorizes the municipal assembly to create a valid lien upon property without any notice whatever to the party whose property is to be charged. Hunt v. Searcy, 167 Mo. 158; Delaney v. Police Court, 167 Mo. 667; State ex rel. v. Ashbrook, 154 Mo. 375. (2) Placing brick on the street is not a commencement of the work, and the contract negatives any such position. Hernán v. Gillam, 171 Mo. 258; Smith v. Westport, 105 Mo. App. 221. The taxbills are void, as…
1Opinion of the CourtMarshall, J.
-This is a proceeding in equity to have cancelled certain special taxbills issued by the city of St. Joseph to the respondents, for the improvement of Faraón street from the east line of Main street to the west line of Third street, under the provisions of ordinance No. 3339, and the contract entered into in pursuance thereof.
The property owned by the plaintiffs and charged with the lien of such special taxbills abutted the- improvement. The basis for the relief sought is, first, that the contract required the work to be commenced within ten days after the approval thereof by the municipal…
2Cases cited9 opinions
- Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900
- Heman v. GilliamMissouri Court of Appeals · 1902
- Heman v. AllenSupreme Court of Missouri · 1900
- City of Springfield ex rel. Central National Bank v. WeaverSupreme Court of Missouri · 1897
- Rose v. TrestrailMissouri Court of Appeals · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State Ex Rel. Van Hafften v. EllisonSupreme Court of Missouri · 1920
- McCoy v. RandallSupreme Court of Missouri · 1909
- Barber Asphalt Paving Co. v. Kansas City Hydraulic Press Brick Co.Missouri Court of Appeals · 1913
- Coatsworth Lumber Co. v. OwenMissouri Court of Appeals · 1915
- Riggins v. City of Kansas CityMissouri Court of Appeals · 2011
10 more not listed; retrieve them via the Exa API.