Zielda Forsee Investment Co. v. Phoenix Brick & Construction Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. G. A. Mosman, Judge. (1) The action of the court in the grading proceedings was proper. No person claimed damages and there was no necessity or even propriety in appointing commissioners. Sec. 5670, Mo.
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Appeal from Buchanan Circuit Court. — Eon. G. A. Mosman, Judge. (1) The action of the court in the grading proceedings was proper. No person claimed damages and there was no necessity or even propriety in appointing commissioners. Sec. 5670, Mo. Annotated Stat. 1906. (2) The record shows that in the grading proceedings the court had jurisdiction of the subject-matter and of the parties; of the subject-matter by the certified copy of the ordinance and plat filed, of the parties by the order of publication. The judgment entered stands unreversed and unappealed from. If the action of the court…
1Opinion of the CourtBroaddus, P. J.
This is a suit to cancel certain taxbills issued as a lien against certain real estate of the plaintiff’s situated in the city of St. Joseph, a city of the second class. The taxbills were issued in part payment of the work of grading Twenty-second street. The petition describes the land owned by plaintiff against which the taxbills were issued, the passage of the ordinance for the grading of the street by the common council of the city, the execution of the contract for the work by the defendant and the issuing of the taxbills and their delivery. It is alleged that the taxbills are void by…
2Cases cited3 opinions
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Burke v. City of KansasSupreme Court of Missouri · 1893
- State v. MillerMissouri Court of Appeals · 1905
3Cited by1 opinion
- Reinert Bros. Construction Co. v. TootleMissouri Court of Appeals · 1918