City of Carthage ex rel. Carthage National Bank v. Badgley
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. E. C. Ceow, Judge. The petition is fatally defective in not averring that at the inception of the proceedings the fact existed, “in the opinion or judgment of the city council, that the general revenue fund of the city is (was) not in a condition to warrant an expenditure therefrom for bringing the street to the established grade. ’ ’ Sess.
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Appeal from the Jasper Circuit Court. — Hon. E. C. Ceow, Judge. The petition is fatally defective in not averring that at the inception of the proceedings the fact existed, “in the opinion or judgment of the city council, that the general revenue fund of the city is (was) not in a condition to warrant an expenditure therefrom for bringing the street to the established grade. ’ ’ Sess. Acts 1893, p. 92, sec. 106. (1) The petition in this ease, instead of not stating enough, states much more than is necessary in actions of this kind. Bank v. Wright & Trustees, 68 Mo. App. 144; Lucas v. McCann,…
1Opinion of the CourtSmith, P. J.
This is a suit on a special tax bill. Neither the tax bill sued on nor any other part of the evidence is presented by the abstract of the record before us, and for that reason our review of the case must be restricted to an examination alone of the petition which the defendant assails on the ground that it fails to state a sufficient cause of action.
The city of Carthage is one of the third class. It is provided in the ninth subdivision of section 108 of the act in relation to cities of the third class, approved March 19, 1893 (Sess. Acts 1893, p. 91), that special tax bills shall, in any…
2Cases cited3 opinions
- Vieths v. Planet Property & Financial Co.Missouri Court of Appeals · 1895
- Hunt v. HopkinsSupreme Court of Missouri · 1877
- Turner v. PattonMissouri Court of Appeals · 1893
3Cited by8 opinions
- Cushing v. PowellMissouri Court of Appeals · 1908
- W. H. Kolkmeyer & Co. v. City of JeffersonMissouri Court of Appeals · 1898
- Wyeth Hardware Co. v. Carthage Hardware Co.Missouri Court of Appeals · 1898
- City of Mexico v. LakenanMissouri Court of Appeals · 1908
- Huling v. Bandera Flag Stone Co.Missouri Court of Appeals · 1901
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