Galbreath v. Newton
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. T. B. Anderson was the contractor for macadamizing a street in the city of Sedalia. Tax bills were issued in his favor for the work done and material furnished. He assigned these bills to plaintiff who brought suit on them, asking that the lien of the bills, be enforced against defendant’s abutting property.
Read the full summary
Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. T. B. Anderson was the contractor for macadamizing a street in the city of Sedalia. Tax bills were issued in his favor for the work done and material furnished. He assigned these bills to plaintiff who brought suit on them, asking that the lien of the bills, be enforced against defendant’s abutting property. The answer admitted the passage of the ordinance authorizing the improvement of the street, but denied its validity on the ground that neither the material to ■ be used, nor the manner of its…
1Opinion of the CourtEllison, J.
I. At the trial plaintiff introduced the tax bill, proved the assignment and rested. Defendant demurred to the evidence on the ground of the insufficiency of the tax bill to make a prima-facie case. The demurrer was overruled. By section 24, acts of 1873, page 370, charter of Sedalia, it is provided that certified tax bills “ shall in all cases be prima-facie evidence that the work and material charged in such bill have been furnished, of the execution of the work, the rates or prices, amount thereof, and of the liability of the person therein named as the owner of the land charged with such…
Also in this document: Concurrence.
2Cases cited15 opinions
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Motz v. City of DetroitMichigan Supreme Court · 1869
- Bissell v. CouchaineOhio Supreme Court · 1846
- Acton v. DooleySupreme Court of Missouri · 1881
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
- Clapton v. TaylorMissouri Court of Appeals · 1892
- State ex rel. Curtice v. SmithSupreme Court of Missouri · 1903
- National Surety Company v. Kansas City Hydraulic Press Brick Co.Supreme Court of Kansas · 1906
37 more not listed; retrieve them via the Exa API.