Barber Asphalt Paving Co. v. Peck
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ron. Wm. ■ Zachritz, Judge. (1) The taxhill sued on is void by reason of the fact that an aggregate assessment is made against several lots of ground. Miller v. Anheuser, 4 Mo. App. 436; St. Louis v. Provenchere, 92 Mo. 66. (2) In order to enforce the penalty of fifteen per cent interest for default in payment after demand, the demand must be personal.
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Appeal from St. Louis City Circuit Court. — Ron. Wm. ■ Zachritz, Judge. (1) The taxhill sued on is void by reason of the fact that an aggregate assessment is made against several lots of ground. Miller v. Anheuser, 4 Mo. App. 436; St. Louis v. Provenchere, 92 Mo. 66. (2) In order to enforce the penalty of fifteen per cent interest for default in payment after demand, the demand must be personal. Here no demand of any kind was proven except against one of a large number of defendants. Stifel v. MacManus, 74 Mo. App. 563. (3) The tax-bill sued on is ambiguous and unintelligible. The frontage of…
1Opinion of the CourtGantt, J.
— This is an action to enforce a special taxbill against certain lots in the city of St. Louis for the paving of Grand avenue. The taxbill recites there are four lots, to-wit, 2, 4, 6, and 8, in City Block No. 2289, having an aggregate front, on Vandeventer Place, of IgA feet by a depth of 144.25 feet. The taxbill was issued November 15, 1899, under and by Ordinance 19831, and a contract No. 5482 made in pursuance thereof.
*511The original taxbill as issued described the owner as “Charles H. Peck’s Est.” On August 2, 1900, the taxbill was amended so as to name Charles H. Peck, Jr., Stephen Peck,…
2Cases cited3 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900
- Wolfort v. City of St. LouisSupreme Court of Missouri · 1893
3Cited by13 opinions
- Doolittle v. City of EverettWashington Supreme Court · 1990
- St. Francis Levee District v. DorrohSupreme Court of Missouri · 1926
- Fruin v. MeredithMissouri Court of Appeals · 1909
- Pursiful v. City of HarlanCourt of Appeals of Kentucky (pre-1976) · 1928
- Williams v. KniskernMichigan Supreme Court · 1913
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