Moberly v. Hogan
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. J. A. Hookaday, Judge. (1) Local or special taxes for local improvements are merely assessments upon the property benefited by such improvements. (2) The constitution prohibits the taking of private property for public use without just compensation. (3) This suit is founded on the ordinances as giving the right of action on the special tax bill sued upon and said ordinance should have been specifically pleaded.
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Appeal from Randolph Circuit Court. — Hon. J. A. Hookaday, Judge. (1) Local or special taxes for local improvements are merely assessments upon the property benefited by such improvements. (2) The constitution prohibits the taking of private property for public use without just compensation. (3) This suit is founded on the ordinances as giving the right of action on the special tax bill sued upon and said ordinance should have been specifically pleaded. Judd v. Railroad, 23-Mo. App. 56; Nutter v. Railroad, 22 Mo. App. 332. Also see Dillon, Mun. Corp., sec. 346, first edition. (4) Appellant…
1Opinion of the CourtBarclay, J.
This is an action by the city of Moberly, to the use of the Moberly Brick, Tiling and Earthenware Company, to enforce the lien of a special tax bill against a piece of land owned by defendant in that city, which is governed by the law applicable to cities of the third class. The company was the contractor for the work.
The plaintiff’s tax bill is for paving Coates street *22with hard-burned brick, from the center of Ault street to the Moss Park school grounds, under an ordinance and contract to that effect, which are not charged to be irregular or illegal, except in the particulars mentioned…
2Cases cited11 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Garrett v. City of St. LouisSupreme Court of Missouri · 1857
- McCormack v. PatchinSupreme Court of Missouri · 1873
- Inhabitants of Palmyra v. MortonSupreme Court of Missouri · 1857
- City of St. Joseph ex rel. Gibson v. OwenSupreme Court of Missouri · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900
- Heman v. AllenSupreme Court of Missouri · 1900
- Meyers v. WoodMissouri Court of Appeals · 1913
- Collier Estate v. Western Paving & Supply Co.Supreme Court of Missouri · 1904
12 more not listed; retrieve them via the Exa API.