Legal Opinion · Dissent

Kansas City v. Bacon

Supreme Court of Missouri

Decided December 23, 1898Published

Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The act of the legislature of first of April, 1893, (Acts of 1893, p. 43), should prevail instead of the park amendment of sixth of June, 1895. Ewing v. Hoblitzelle, 85 Mo. 76; State ex rel. v. ‘Railroad, 117 Mo. 1; State ex rel. v. Field, 99 Mo. 352; Davies v. Los Angeles, 86 Cal. 39. (2) Special taxes must be assessed in exact accordance with the rule prescribed by the law, whether the rule be that of…

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Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The act of the legislature of first of April, 1893, (Acts of 1893, p. 43), should prevail instead of the park amendment of sixth of June, 1895. Ewing v. Hoblitzelle, 85 Mo. 76; State ex rel. v. ‘Railroad, 117 Mo. 1; State ex rel. v. Field, 99 Mo. 352; Davies v. Los Angeles, 86 Cal. 39. (2) Special taxes must be assessed in exact accordance with the rule prescribed by the law, whether the rule be that of frontage, area, value of the property assessed, or according to benefits. Hays v. Douglass Co., 92 Wis. 429; Lim'bermann…

1DissentSherwood, J.

(dissenting). — Not concurring either in the result reached, nor as to several statements of fact and also of law contained in the opinion heretofore filed in this cause, I have thought it best to give brief expression to my reasons for declining to concur in that opinion.

1. In the first place, the verdict, or more properly the report of the commissioners, is contained in the transcript. It is amply full and sufficient for the purposes of this appeal on the part of Bacon. It was wholly unnecessary to incor*284porate in that report several hundred pages of matter relating to other tracts of land…

2Cases cited46 opinions

  1. Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
  2. Ewing v. HoblitzelleSupreme Court of Missouri · 1884
  3. State ex rel. Kennedy v. BrunstWisconsin Supreme Court · 1870
  4. Farrar v. City of St. LouisSupreme Court of Missouri · 1883
  5. City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888

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