Legal Opinion

Eyermann v. Scollay

Missouri Court of Appeals

Decided February 24, 1885PublishedCited by 9 opinions

Appeal from the St. Louis Circuit Court, Lubke, J. Where in a sut on a special tax bill, erroneously issued, there was judgment for the defendant, this is not a bar to a suit upon an amended tax bill afterwards issued by the city engineer for the same work. — Pendergast v. Richards, 2 Mo. App. 187 ; Riley v. Cramer, 51 Mo. 542; Eyermann v. Provenchere, 15 Mo..

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Appeal from the St. Louis Circuit Court, Lubke, J. Where in a sut on a special tax bill, erroneously issued, there was judgment for the defendant, this is not a bar to a suit upon an amended tax bill afterwards issued by the city engineer for the same work. — Pendergast v. Richards, 2 Mo. App. 187 ; Riley v. Cramer, 51 Mo. 542; Eyermann v. Provenchere, 15 Mo.. App. 256. The first bill was a valid one so far as the merits of a controversy between plaintiff and defendants were concerned. A judgment was entered for defendants and they are protected by it. — City to use v. De JSToure, 44 Mo. 136;…

1Opinion of the CourtThompson, J.

This is an action upon three special tax bills issued by the president of the board of public improvements of the city of St. Louis, on December 28th, 1881, in lieu of one other special tax bill surrendered and cancelled, issued on October 29th, 1874, by the then city engineer of the city of St. Louis, under the then existing charter and ordinances, for work and labor done, and materials furnished by the plaintiff prior to that date, as a contractor with the city for the construction of sewers in a certain sewer district therein named. The original tax bill was made out against the land in…

2Cases cited5 opinions

  1. Kiley v. CranorSupreme Court of Missouri · 1873
  2. Eyermann v. ProvenchereMissouri Court of Appeals · 1884
  3. Eyerman v. BlakesleyMissouri Court of Appeals · 1883
  4. Prendergast v. RichardsMissouri Court of Appeals · 1876
  5. City of St. Louis ex rel. Rotchford v. De NoueSupreme Court of Missouri · 1869

3Cited by9 opinions

  1. Jaicks v. SullivanSupreme Court of Missouri · 1895
  2. Peters v. DonaWyoming Supreme Court · 1936
  3. Vieths v. Planet Property & Financial Co.Missouri Court of Appeals · 1895
  4. Badger Lumber Co. v. StaleyMissouri Court of Appeals · 1910
  5. Galbreath v. NewtonMissouri Court of Appeals · 1891

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