Morley v. Weakley
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. S. Kelley, Special Judge. (1) The original assessment of the cost of the work on the whole block was void and so were the original tax bills based on the assessment. Kemper v. King, 11 Mo. App. 584; Keenan v. Smith, 50 Mo. 525; Weber ». Schergens, 59 Mo. 389. A void tax bill cannot be amended. (2) Mistakes as to form in tax bills of the character of those in suit can be corrected only by the officer who issued the bill.
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Appeal from Buchanan Circuit Court. — Hon. H. S. Kelley, Special Judge. (1) The original assessment of the cost of the work on the whole block was void and so were the original tax bills based on the assessment. Kemper v. King, 11 Mo. App. 584; Keenan v. Smith, 50 Mo. 525; Weber ». Schergens, 59 Mo. 389. A void tax bill cannot be amended. (2) Mistakes as to form in tax bills of the character of those in suit can be corrected only by the officer who issued the bill. Kiley v. Oppenheimer, 55 Mo. 375; Kiley v. Cranor, 51 Mo. 541. (3) The petition failed to state a cause of action ; it was framed…
1Opinion of the CourtBlack, J.
— This suit was at first based upon two. tax bills against the same block of ground in the city of St. Joseph, one for macadamizing, curbing and guttering Sixth street, and the other for like work on Seventh street. It was discovered that the block had been sub*455divided into lots. Thereupon the engineer made out new or amended rax bills against the lots, and upon these amended bills the counts of the amended petition are based., 1. By the charter (Acts of 1865, page 485, section 5), the tax bills are to be made out and certified by the officer having charge of the work. This was done, but,…
2Cases cited2 opinions
- Kiley v. CranorSupreme Court of Missouri · 1873
- Kiley v. OppenheimerSupreme Court of Missouri · 1874
3Cited by7 opinions
- Flinn v. GillenSupreme Court of Missouri · 1928
- McCoy v. RandallSupreme Court of Missouri · 1909
- Galbreath v. NewtonMissouri Court of Appeals · 1891
- Estes v. OwenSupreme Court of Missouri · 1886
- City of Grant City Ex Rel. O'Neil v. SalmonMissouri Court of Appeals · 1926
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