Leonard v. Sparks
Supreme Court of Missouri
Certified from Kansas City Court of Appeals. (1) The requirement of the city charter in question is that “service of the notice shall be made at least six days before the jury shall be impaneled.” (Art. 7, Sec. 2.) Whether the service is had intime does not go to the jurisdiction.
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Certified from Kansas City Court of Appeals. (1) The requirement of the city charter in question is that “service of the notice shall be made at least six days before the jury shall be impaneled.” (Art. 7, Sec. 2.) Whether the service is had intime does not go to the jurisdiction. It is a mere matter of procedure, as to which error or irregularity may creep into the case, but the presence of such a circumstance would render the proceedings void nor subject to collateral attack. A defective service is not the same as no notice whatever. Harrington v. Wofford, 46 Miss. 31; Mooney v. Maas, 22…
1Opinion of the CourtBaeclay, J.
— October 5, 1887, defendant sold to plaintiff a piece of land in Kansas City, Missouri, by deed of general warranty with covenants implied by tbe words “grant, bargain and sell.” Revised Statutes 1879, sec. 675; Revised Statutes 1889, sec. 2402.
The present action is based on those covenants, to-recover of defendant the amount of certain special taxes paid by plaintiff in 1888, to relieve the land of the lien imposed thereby.
These special taxes were for “benefits” assessed against the property in a proceeding to open a street in Kansas City.
The only issue in the case is that of the validity…
2Cases cited43 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
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3Cited by35 opinions
- State v. WearSupreme Court of Missouri · 1898
- Feurt v. CasterSupreme Court of Missouri · 1903
- Hadley v. BerneroMissouri Court of Appeals · 1903
- Kansas City v. SmartSupreme Court of Missouri · 1895
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
30 more not listed; retrieve them via the Exa API.