City of Rockport Ex Rel. Lynch-McDonald Construction Co. v. McMichael

— This is an action on two special tax bills for certain paving done in the City of Rockport, Atchison county, Missouri, a city of the fourth class. The suit was instituted by the city at the relation of the construction company doing the paving which also included the necessary grading therefor.

The cause was tried to the court; the tax bills involved in the suit were introduced in evidence. There was also oral evidence introduced by plaintiff. At the close of plaintiff’s evidence, defendants asked and the court gave an instruction in the nature of a demurrer, and judgment for defendants was…