Parker-Washington Co. v. Meriwether
Missouri Court of Appeals
Appeal from Jackson Circnit Court. — Eon. Jas. E. Slover, Judge. (1) There was no testimony justifying the judgment for defendants on the counterclaim. There is no right of recovery for the voluntary payment of taxes: Couch v. Kansas City, 127 Mo. 436; Walker v. St. Louis, 15 Mo. 563; Page & Jones on “Taxation by Assessment,” secs. 1479, 1480; Schell City v. Rumsey Mfg. Co., 39 Mo.
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Appeal from Jackson Circnit Court. — Eon. Jas. E. Slover, Judge. (1) There was no testimony justifying the judgment for defendants on the counterclaim. There is no right of recovery for the voluntary payment of taxes: Couch v. Kansas City, 127 Mo. 436; Walker v. St. Louis, 15 Mo. 563; Page & Jones on “Taxation by Assessment,” secs. 1479, 1480; Schell City v. Rumsey Mfg. Co., 39 Mo. App. 264. (2) The tax bills were valid, the work -was really reconstruction of a payment and the proceedings were valid. O’Meara v. Green, 16 Mo. App. 118; Ritterskamp v. Stifel, 59 Mo. App. 510; Hall v. Swingley,…
1Opinion of the CourtTrimble, J.
Appellant sued defendants upon ■certain special tax bills issued by Kansas City, Missouri, for work done on Eleventh street upon which defendant’s property abutted. The suit involves the validity of the tax bills as to two lots. There were tax bills on two other adjoining lots owned by defendants but, prior to the institution of suit, one of defendants had been induced to pay these, amounting to $167.67, for the recovery of which defendants set up a counterclaim based on the ground that payment had been obtained by fraud, deceit and duress.
The case was tried before the court sitting as a…
2Cases cited4 opinions
- Rackliffe v. DuncanMissouri Court of Appeals · 1908
- Barber Asphalt Paving Co. v. MuchenbergerMissouri Court of Appeals · 1904
- O'Meara v. GreenMissouri Court of Appeals · 1884
- Ritterskamp v. StifelMissouri Court of Appeals · 1894
3Cited by5 opinions
- Anderson v. RexroadSupreme Court of Kansas · 1957
- School District No. 6 in Chase County v. RobbSupreme Court of Kansas · 1939
- Reliance Automobile & Supply Co. v. City of JacksonMichigan Supreme Court · 1928
- Bauer v. City of BerkeleyMissouri Court of Appeals · 1955
- Garland v. SamsonCourt of Appeals for the Eighth Circuit · 1916