Creamer v. McCune
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The judgment is erroneous, — (1.) Because the agreed statement does not show, or tend to show that the strip referred to did not belong to the city ; and the burden was on defendants to show this. — Seibert v. Allen, 61 Mo. 482 ; Ess v. Bouton et al., 64 Mo. 106 ; Grimm v. Schickle, 4 Mo. App. 586 ; Schultze v. De Menilet al., 4 Mo.
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Appeal from St. Louis Circuit Court. The judgment is erroneous, — (1.) Because the agreed statement does not show, or tend to show that the strip referred to did not belong to the city ; and the burden was on defendants to show this. — Seibert v. Allen, 61 Mo. 482 ; Ess v. Bouton et al., 64 Mo. 106 ; Grimm v. Schickle, 4 Mo. App. 586 ; Schultze v. De Menilet al., 4 Mo. App. 595. (2.) Because the agreed statement shows that if the legal title to the strip referred to is not in the city, yet the Gramble heirs could neither bring ejectment nor trespass against the city for its action ; and said…
1Opinion of the CourtLewis, P. J.
This is a suit on a special tax-bill for the -construction of a district sewer. The defence chiefly relied on is that some of the property within the district, liable to be taxed, was omitted from the assessment. The Circuit Court, sitting as a jury, found the issues for the defendants, and gave judgment in their favor.
The lot sought to be charged in this proceeding lies in a parallelogram measuring about one hundred feet from north to south by five hundred feet from east to west. There was an agreed statement of facts, as follows: —
“ The pai’ties hereto, for the purpose of the decision of…
2Cases cited2 opinions
- Neenan v. SmithSupreme Court of Missouri · 1875
- Prendergast v. RichardsMissouri Court of Appeals · 1876
3Cited by6 opinions
- Hoechst v. BangertSupreme Court of Missouri · 1969
- Neil v. RidgeSupreme Court of Missouri · 1909
- Seested v. DickeySupreme Court of Missouri · 1927
- Commerce Trust Co. v. KeckSupreme Court of Missouri · 1920
- Weber v. SchergensMissouri Court of Appeals · 1888
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