Gibson v. Owens
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The title to the streets vests in the city as "trustee of the public with power to improve the same at the cost of the locality fixed by law. This is the exercise of the sovereign taxing power and is one with which the courts have nothing to do.
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Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The title to the streets vests in the city as "trustee of the public with power to improve the same at the cost of the locality fixed by law. This is the exercise of the sovereign taxing power and is one with which the courts have nothing to do. Cooley on Taxation [1 Ed.] sees. 416, 452; Keith v. Bingham, 100 Mo. 300; Farrar v. St. Louis, 80 Mo. 379; Garett v. SL Loins, 25 Mo. 505. (2) The general rule obtains that tax bills are valid liens against the property, unless, in some material matter vitally affecting the rights of…
1Opinion of the CourtMacearlane, J.
This is an action on certain - special tax bills for excavating Ninth street preparatory to putting down macadam and for macadamizing-,., curbing, guttering and putting in cross-walks.
There were three different classes 'of tax bills In. suit, to-wit: 1. For grading the street exclusive of' sidewalks. 2. For the grading of sidewalks. 3. For macadamizing, curbing and guttering. The defendant was the owner of a large number of separate lots • abutting on the street improved, and there were - separate counts in the petition for each lot, and a, separate count on each tax bill of each class. It…
2Cases cited7 opinions
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Sheehy v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1887
- Keith v. BinghamSupreme Court of Missouri · 1889
- Alberger v. Mayor of BaltimoreCourt of Appeals of Maryland · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Mayor of Baltimore v. DeLuca-Davis Construction Co.Court of Appeals of Maryland · 1956
- Wheaton Building & Lumber Co. v. City of BostonMassachusetts Supreme Judicial Court · 1910
- City of Vicksburg v. HermanMississippi Supreme Court · 1894
16 more not listed; retrieve them via the Exa API.