Turner v. City of Springfield
Missouri Court of Appeals
Error to Dade Circuit Court. — Hon. Henry G. Timmonds', Judge. ■ . (1) Under the law governing cities of the third class the taxbills are assignable and collectible by the holder thereof and are prima facie evidence of the regularity of the proceedings, of the validity of the taxbills, of the doing of the work, and the validity of the charge against the property therein described to the charge stated in the taxhill. A general denial constitutes no answer.
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Error to Dade Circuit Court. — Hon. Henry G. Timmonds', Judge. ■ . (1) Under the law governing cities of the third class the taxbills are assignable and collectible by the holder thereof and are prima facie evidence of the regularity of the proceedings, of the validity of the taxbills, of the doing of the work, and the validity of the charge against the property therein described to the charge stated in the taxhill. A general denial constitutes no answer. The defects relied on must be specially pleaded and affirmatively proved. Sec. 5858, Laws' 1901, p. 63; Carthage v. Badgley, 73 Mo. App.…
1Opinion of the CourtEllison, J.
The plaintiffs are owners of property abutting on Springfield avenue in the city of Springfield. The avenue was paved under proceedings in the city council resulting in the letting of a contract for such paving to E. A. Barber, one of the defendants. These plaintiffs brought the present bill in equity to restrain the issuing of the bills and to cancel any, if already issued. A change of venue was taken to Dade county where, on trial, a decree was entered for the plaintiffs, declaring the bills to be void.
Springfield is a city of the third class. It is provided by section 5859, Laws 1901, p.…
2Cases cited5 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Wickwire v. City of ElkhartIndiana Supreme Court · 1896
- People Ex Rel. Ream Pavement Co. v. Board of Improvement of Union StreetNew York Court of Appeals · 1870
- Schibel v. MerrillSupreme Court of Missouri · 1904
3Cited by2 opinions
- Cherry v. BowmanSupreme Court of Arkansas · 1912
- Bridewell v. CockrellMissouri Court of Appeals · 1906