Walker v. City of St. Louis
Supreme Court of Missouri
STATEMENT OF THE CASE. This was an action, brought by Walker to recover of the city all the taxes beyond one-sixteenth of one per cent, per annum, paid by him from the year 1843 to 1849, inclusive, on real estate in the new limits.
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STATEMENT OF THE CASE. This was an action, brought by Walker to recover of the city all the taxes beyond one-sixteenth of one per cent, per annum, paid by him from the year 1843 to 1849, inclusive, on real estate in the new limits. The charter of 1841, which first brought within the city the property thus taxed, provided that the common council should within twelve months thereafter, cause to he graded ami Macadamized, the carriageway of Broadway, South Seventh, Washington Avenue and Market, streets, 25 feet wide from the boundaries established by said charter, to the nearest point…
1Opinion of the CourtScott, J.
Although the ground on which this action rests for a support, is, that *575the defendant has received money to which the plaintiff is equitably entitled, yet, it cannot be denied, that this claim, if it had any foundation in law, is one strictissimi juri. The ground on which the plaintiff seeks to recover the taxes that have been paid, is, that there was a condition precedent, the performance of which was necessary to have enabled the defendant to demand the money, which, it is alleged, she has unjustly exacted from him. It is not pretended that the defendant has acted in bad faith, or that she…
2Cases cited1 opinion
- Wickliffe's Executors v. PrestonCourt of Appeals of Kentucky · 1862
3Cited by10 opinions
- Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
- County of Galveston v. GorhamTexas Supreme Court · 1878
- Pacific Railroad v. Cass CountySupreme Court of Missouri · 1873
- W. Va. Transportation Co. v. SweetzerWest Virginia Supreme Court · 1885
- United States v. NortonSupreme Court of the United States · 1878
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