City of St. Louis v. Clemens
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The judgment is irregular and erroneous on its face. If the defendant was personally liable to any extent, and that liability could be made available in a proceeding, the avowed object of which was to enforce a lien on realty, the realty itself declared to be charged should have been directed to be exhausted before resorting to the property of the defendant generally for the deficiency.
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Appeal from St. Louis Circuit Court. I. The judgment is irregular and erroneous on its face. If the defendant was personally liable to any extent, and that liability could be made available in a proceeding, the avowed object of which was to enforce a lien on realty, the realty itself declared to be charged should have been directed to be exhausted before resorting to the property of the defendant generally for the deficiency. The relief granted by the judgment in this case was not in accordance with the case made by the petition. The only relief sought or prayed for in the petition is, that…
1Opinion of the CourtHolmes, Judge
This was a suit upon certified special tax bills for the cost of grading, macadamizing, guttering, and ciirbing O’Fallon street, between Twenty-fourth and Twenty-fifth streets, in the city of St. Louis, under the act of January 16, 1860. The petition was in the usual form, and the facts stated in it were proved. The answer denied all the material allegations of the petition, and set up as a special defence, or counterclaim, a demand for damages done to the property of the defendant, by reason of the negligent, unskilful, careless and improper manner in which the work in question was done. To…
2Cases cited3 opinions
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- City of St. Joseph v. AnthonySupreme Court of Missouri · 1860
- Lambar v. City of St. LouisSupreme Court of Missouri · 1852
3Cited by2 opinions
- Neenan v. SmithSupreme Court of Missouri · 1872
- City of Carondelet v. PicotSupreme Court of Missouri · 1866