Crane v. French
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James G-ibson, Judge. (1) The judgment of the court below is contrary to the law and the evidence. The judgment should have been for the plaintiff as prayed for. Bank v. Evans, 51 Mo. 345; Wells v. Weston, 22 Mo. 384; Lochvood v. St. Louis, 24 Mo. 20; Clark v. Ins.
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Appeal from the Jackson Circuit Court. — Hon. James G-ibson, Judge. (1) The judgment of the court below is contrary to the law and the evidence. The judgment should have been for the plaintiff as prayed for. Bank v. Evans, 51 Mo. 345; Wells v. Weston, 22 Mo. 384; Lochvood v. St. Louis, 24 Mo. 20; Clark v. Ins. Co., 52 Mo. 272. (2) The charter provisions and all proceedings to compel persons in invitum to pay for such improvements, in fixing the cost in making of which they had no voice, should be strictly construed. Cooley on Taxation, 209; Leach v. Cargill, 60 Mo. 316; Green v. Ward, 82 Ya.…
1Opinion of the CourtG-ill, J.
— The point in this controversy is this: Can the east half of plaintiff’s two acres of land, shown by the accompanying plat, be legally taxed, under the Kansas City charter of 1875, for the grading of Central street?
The plaintiff, by this action, sought to remove a. tax bill issued for the grading of Central street, as a.
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*369cloud on Ms title, taking the ground that it was an illegal charge. The cause was submitted on an agreed statement of facts; the court declined to award any relief, holding the tax bill valid, and the plaintiff brings the case here by appeal.
I. A decision of this case rests…
2Cited by5 opinions
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- Thiesen v. Gulf, Florida & Alabama Railway Co.Supreme Court of Florida · 1917