Welch v. Mastin
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) The court should not assume the existence, nor take judicial notice, of an ordinance authorizing' the issuance of these taxbills in four installments. Such an ordinance must be pleaded and proven. St. Louis-v. Roche, 128 Mo. 544. (2) The petition in all cases, is required by the code in this State to state facts sufficient to constitute a cause of action.
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Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) The court should not assume the existence, nor take judicial notice, of an ordinance authorizing' the issuance of these taxbills in four installments. Such an ordinance must be pleaded and proven. St. Louis-v. Roche, 128 Mo. 544. (2) The petition in all cases, is required by the code in this State to state facts sufficient to constitute a cause of action. It would seem to follow from this provision that if it is to be considered sufficient to plead the- contents of the taxbill in the petition, then the taxbill should recite…
1Opinion of the CourtEllison, J.
Plaintiff sued defendants to enforce the lien of two special taxbills issued against property described in the petition. There was a judgment by default. Defendants thereafter appeared and moved to set aside the default. The trial court overruled the motion and defendants have appealed from that order.
It appears that after answer filed by Mr. Jones, defendants’ attorney, the case was put at the foot of the docket to be tried on July 9, 1901. On that day, defendants not appearing, judgment by default was entered. Defendants state in their motion to set aside this default that they were not…
2Cases cited4 opinions
- Gehrke v. JodSupreme Court of Missouri · 1875
- Robyn v. Chronicle Publishing Co.Supreme Court of Missouri · 1895
- Biebinger v. TaylorSupreme Court of Missouri · 1876
- Tower v. EllsworthSupreme Court of Georgia · 1900
3Cited by7 opinions
- Hall v. McConeyMissouri Court of Appeals · 1910
- Munroe v. DoughertyMissouri Court of Appeals · 1916
- Evans v. United States Fidelity & Guarantee Co.Missouri Court of Appeals · 1917
- Dodge v. Safe-Guard Sales, Inc.Missouri Court of Appeals · 1962
- Crutcher v. Kansas City Viaduct & Terminal Railway Co.Missouri Court of Appeals · 1914
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