Nichols v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Ho». Harris Robinson, Judge. The court erred in refusing the appellant equitable relief as prayed for and in dismissing the appellant’s hill, (a) Because the court must draw from the evidence every inference favorable to the appellant and accept the evidence of the appellant as trne. .Healy v. Simpson, 113 Mo. 345; Bank v. Simpson, 152 Mo. 656. (b.) While under the rules laid down by the Supreme Court of the United States and this court,…
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Appeal from Jackson Circuit Court.—Ho». Harris Robinson, Judge. The court erred in refusing the appellant equitable relief as prayed for and in dismissing the appellant’s hill, (a) Because the court must draw from the evidence every inference favorable to the appellant and accept the evidence of the appellant as trne. .Healy v. Simpson, 113 Mo. 345; Bank v. Simpson, 152 Mo. 656. (b.) While under the rules laid down by the Supreme Court of the United States and this court, the appellant had to overcome the presumption of equivalent of assessment to the benefit, yet the evidence in this case…
1Opinion of the CourtWoodson, J.
The plaintiff filed this hill in equity seeking to set aside and cancel certain tax-bills issued by Kansas City, Missouri, in favor of Ed Meegan, the contractor, against the plaintiff’s property,' for certain street improvements, which property is adjacent to the street improved. The decree of the trial court was for the defendants, and the plaintiff duly appealed the cause to this court.
There is no question raised as to the sufficiency of the pleadings, so we shall put them aside, and pay no further attention tp them.
The real legal proposition presented in this case for determination is…
2Cases cited9 opinions
- Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- Webster v. FargoSupreme Court of the United States · 1901
- Meier v. City of St. LouisSupreme Court of Missouri · 1904
- Mount Saint Mary's Cemetery Assn. v. MullinsSupreme Court of the United States · 1919
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3Cited by3 opinions
- Reis v. MERTROPOLITAN ST. LOUIS SEWER DISTRICTSupreme Court of Missouri · 1963
- Mudd v. WehmeyerSupreme Court of Missouri · 1929
- Badger Lumber Co. v. MullinsSupreme Court of Missouri · 1925