William R. Bush Construction Co. v. Withnell
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The trial court correctly decreed that the plaintiff was not entitled to interest or penalty before the institution of the suits, because no notice of the amended tax bill was ever served on any of the defendants. Paving Co. v. Peck, 186 Mo. 520; Seaboard Nat’l Bank v. Woesten, 176 Mo. 49; Eyerman v. Blaksley, 78 Mo. 152; St. Joseph v. Forsee, 115 Mo. App. 510; Perkinson v. Schnaake, 108 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The trial court correctly decreed that the plaintiff was not entitled to interest or penalty before the institution of the suits, because no notice of the amended tax bill was ever served on any of the defendants. Paving Co. v. Peck, 186 Mo. 520; Seaboard Nat’l Bank v. Woesten, 176 Mo. 49; Eyerman v. Blaksley, 78 Mo. 152; St. Joseph v. Forsee, 115 Mo. App. 510; Perkinson v. Schnaake, 108 Mo. App. 255; Stifel v. McManus, 74 Mo. App. 564; Eyermann v. Provenchere, 15 Mo. App. 271. (2) Plaintiff’s suit was prematurely…
1Opinion of the Court
NORTONI, J. —
This is a suit on a special tax bill. Plaintiff recovered* and defendants prosecute the appeal.
The tax bill sued upon was issued to plaintiff on June 29, 1907, in the amount of $3783.09, representing special assessments made to compensate the construction of a street — that is, Compton avenue between Meramec and N'eosho streets — in the city of St. Louis. On the trial, a number of defenses were interposed touching the validity of the assessment. The court having found the issue and given judgment for plaintiff on these, an appeal was prosecuted to this court by defendants and the…
2Cases cited14 opinions
- Bennett v. . BatesNew York Court of Appeals · 1884
- Bumstead v. . the Dividend Mutual Insurance Co.New York Court of Appeals · 1854
- Howard v. StrodeMissouri Court of Appeals · 1907
- Eyermann v. ProvenchereMissouri Court of Appeals · 1884
- Reyburn v. WallaceSupreme Court of Missouri · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Estey v. Commerce Trust Co.Supreme Court of Missouri · 1933
- Buder v. FranzCourt of Appeals for the Eighth Circuit · 1928
- Raffety v. ParkerCourt of Appeals for the Eighth Circuit · 1957
- F. C. Church Shoe Co. v. TurnerMissouri Court of Appeals · 1926
- Kepert v. KepertIndiana Court of Appeals · 1922
4 more not listed; retrieve them via the Exa API.