City of Springfield ex rel. Plummer v. Jones
Missouri Court of Appeals
Appeal from Greene County Circuit Court. Division Number Two. — Hon. Arch A. Johnson, Judge. (1) Public work for wbicb tax bills are issued to compel tbe citizen to pay for improvements in front of bis property are proceedings in invitum, purely statutory, and are to be strictly construed and if there is any fairly reasonable doubt concerning tbe existence of tbe power to tax tbe citizen disclosed by tbe proceedings it will be deemed not to bave been granted.
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Appeal from Greene County Circuit Court. Division Number Two. — Hon. Arch A. Johnson, Judge. (1) Public work for wbicb tax bills are issued to compel tbe citizen to pay for improvements in front of bis property are proceedings in invitum, purely statutory, and are to be strictly construed and if there is any fairly reasonable doubt concerning tbe existence of tbe power to tax tbe citizen disclosed by tbe proceedings it will be deemed not to bave been granted. Leacb v. Cargill, 60 Mo. 316; Guinotte v. Egelboff, 64 Mo. App. 356; City of ICirksville ex rel. Fleming Mfg. Co. v. Coleman, 103 Mo.…
1Opinion of the CourtRobertson, P. J.
This is an action on three tax bills issued February 4, 1902, for the construction of a district sewer, against three separate pieces of property owned by the defendant. Plaintiff obtained judgment on three tax bills which established a lien against said property. One of the tax bills named the defendant as owner, another named one other than the defendant as owner and the third did not designate any one as owner. The trial court allowed interest on the two not mentioning the defendant as owner at the rate of eight per cent, per annum from March 1, 1907. The defendant has appealed.
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2Cases cited5 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Dickey v. PorterSupreme Court of Missouri · 1907
- City ex rel. Fox . SchoenemannSupreme Court of Missouri · 1873
- Mullins v. EverettMissouri Court of Appeals · 1913
- City of St. Joseph ex rel. Swenson v. ForseeMissouri Court of Appeals · 1906