Legal Opinion

Heman v. Allen

Supreme Court of Missouri

Decided June 4, 1900PublishedCited by 27 opinions

Appeal from St. Louis City Circuit Court. — Hon. Franklin - Ferris, Judge. (1) "Under sec. 22, art. 6, charter of St. Louis, before a lien can arise on property in a taking district for the cost of the construction of sewers, tlie board of public improvements must make an assessment of the entire cost of the construction against the property.

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Appeal from St. Louis City Circuit Court. — Hon. Franklin - Ferris, Judge. (1) "Under sec. 22, art. 6, charter of St. Louis, before a lien can arise on property in a taking district for the cost of the construction of sewers, tlie board of public improvements must make an assessment of the entire cost of the construction against the property. The petitions in these cases do not allege that the board made the assessment, and the petitions allege that “the president of the board of public improvements computed the cost thereof, and levied and assessed the same as a special tax, etc.” This does…

1Opinion of the CourtBubgess, J.

This is a suit upon a special tax bill issued by the president of the board of public improvements against the property of defendants for the sum of forty-nine dollars and four cents, for its proportionate part of the cost of constructing a district sewer in Yandeventer Avenue Sewer District No. One, in the city of St. Louis.

The answer sets up defenses which are equitable in their character, and then by way of cross bill asks for a decree cancelling and annulling the tax bill and lien.

The trial resulted in a judgment for plaintiff for the amount of his claim which was adjudged and decreed to…

2Cases cited15 opinions

  1. Davidson v. New OrleansSupreme Court of the United States · 1878
  2. Norwood v. BakerSupreme Court of the United States · 1898
  3. County of Mobile v. KimballSupreme Court of the United States · 1881
  4. Parsons v. District of ColumbiaSupreme Court of the United States · 1898
  5. Hutcheson v. StorrieTexas Supreme Court · 1899

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3Cited by27 opinions

  1. Mound City Land & Stock Co. v. MillerSupreme Court of Missouri · 1902
  2. Meier v. City of St. LouisSupreme Court of Missouri · 1904
  3. King v. PortlandOregon Supreme Court · 1900
  4. Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
  5. McGhee v. WalshSupreme Court of Missouri · 1913

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