Keith v. Bingham
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. This is an action to enforce two special tax bills, issued under the charter of Kansas City, Missouri, for grading the roadway and sidewalks of May street in that municipality. The petition is in the usual form in such cases, demanding special judgment against certain real estate described, “claimed by defendant” and alleged to be chargeable with said bills under the city charter.
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Transferred from Kansas City Court of Appeals. This is an action to enforce two special tax bills, issued under the charter of Kansas City, Missouri, for grading the roadway and sidewalks of May street in that municipality. The petition is in the usual form in such cases, demanding special judgment against certain real estate described, “claimed by defendant” and alleged to be chargeable with said bills under the city charter. The answer, besides a general denial, contained an equitable defense (noticed more fully hereafter) as well as the following: “Defendant, for a third defense to the tax…
1Opinion of the Court
Barclay, J.—I.
We will first consider the ruling of the trial court on the demurrer to the third defense, as what may be said on that branch of the case may, possibly, abbreviate the discussion on other points.
*306It is claimed by defendant that the tax bills in suit were issued in violation of that section of the constitution which, declares “that private property shall not be taken or damaged for public use without just compensation. Such compensation shall be ascertained by a jury or board of commissioners of not less than three freeholders, in such manner as may be prescribed by law; and until…
2Cases cited3 opinions
- Householder v. City of KansasSupreme Court of Missouri · 1884
- Garrett v. City of St. LouisSupreme Court of Missouri · 1857
- Hilton v. City of St. LouisSupreme Court of Missouri · 1889
3Cited by28 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Tremayne v. City of St. LouisSupreme Court of Missouri · 1928
- Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
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