Bambrick Bros. Construction Co. v. McCormick
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. George E. Williams, Judge. (1) The petition does not state a cause of action;, it omits essential averments: (a) It omits to aver that the lot is in the taxing district; an essential fact, not-met by the averment that the lot is within a district. “defined and bounded by section 14, article 41” of the •charter. That averment is a conclusion of law.
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Appeal from St. Louis City Circuit Court. — Eon. George E. Williams, Judge. (1) The petition does not state a cause of action;, it omits essential averments: (a) It omits to aver that the lot is in the taxing district; an essential fact, not-met by the averment that the lot is within a district. “defined and bounded by section 14, article 41” of the •charter. That averment is a conclusion of law. (b) The petition omits to give enough of the substance or ■terms of the ordinance to show that the mode of assessing the special tax was authorized by law. Irwin v. Devors, 65 Mo. 625; Keane v.…
1Opinion of the CourtReynolds, P. J.
— This is an action on a special taxbill, issued by proper officials of the city of St. Louis, August 11, 1908; this action commenced January 25, 1909. It was originally brought by attachment on the ground that defendant was a non-resident of this state. Order of publication issued and publication had. Defendant appeared and filed his answer to the merits, whereupon the attachment was, as of course,-dissolved,no bond having been given. [Sec. 370, R. S. 1899, as amended by Act of Feb. 28, 1907 (Laws 1907, p. 69), now section 2298, R. S. 1909.] The petition, as amended at the trial, contains…
2Cases cited12 opinions
- Giboney v. German InsuranceMissouri Court of Appeals · 1892
- Cushing v. PowellMissouri Court of Appeals · 1908
- Vieths v. Planet Property & Financial Co.Missouri Court of Appeals · 1895
- Bambrick v. CampbellMissouri Court of Appeals · 1889
- Grafeman Dairy Co. v. St. Louis Dairy Co.Missouri Court of Appeals · 1902
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3Cited by1 opinion
- Fellows v. DorseyMissouri Court of Appeals · 1913