Gratz v. City of Kirkwood
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney and Hon. G. A. Wurdeman, Judges. (1) In a proceeding to levy a special tax by a municipal corporation, where the owner’s property is taken without his consent, every provision of the law made for that purpose must be strictly followed or the tax bills will be declared void. Municipal Securities Company v. Gates, 130 Mo. App. 552; City of Kirksville v. Coleman, 103 Mo.
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Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney and Hon. G. A. Wurdeman, Judges. (1) In a proceeding to levy a special tax by a municipal corporation, where the owner’s property is taken without his consent, every provision of the law made for that purpose must be strictly followed or the tax bills will be declared void. Municipal Securities Company v. Gates, 130 Mo. App. 552; City of Kirksville v. Coleman, 103 Mo. App. 215; Barber Asphalt Paving Co. v. O’Brien, 128 Mo. App. 267; Excelsior Springs v. Ettison, 120 Mo. App. 215; Cole v. Skrainka, 105 Mo. 309; DeSoto v.…
1Opinion of the CourtAllen, J.
This is a suit in equity to cancel a certain tax bill and remove the cloud thereby cast upon the title to plaintiffs’ property. The decree below was for the defendants, and the case is here upon plaintiffs ’ appeal.
The suit was begun by Laura C. Gratz, the owner of certain real property fronting upon Taylor avenue, a public street in Kirkwood, a city of the fourth class. During the pendency of the suit plaintiff departed this life, and the cause has been duly revived in the names of the devisees under her will.
The tax bill in question was issued for a special assessment levied against…
2Cases cited12 opinions
- Neill v. GatesSupreme Court of Missouri · 1899
- Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
- Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
- City of Boonville ex rel. Cosgrove v. StephensSupreme Court of Missouri · 1911
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
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3Cited by7 opinions
- Arkansas-Missouri Power Co. v. City of Kennett, Mo.Court of Appeals for the Eighth Circuit · 1935
- Coatsworth Lumber Co. v. OwenMissouri Court of Appeals · 1915
- City of Jackson Ex Rel. Cape County Savings Bank v. HouckMissouri Court of Appeals · 1931
- Rollinson v. LuskMissouri Court of Appeals · 1920
- State Ex Rel. Tonnar v. BlandSupreme Court of Missouri · 1930
2 more not listed; retrieve them via the Exa API.