Turner v. Patton
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. The statute provides what the petition shall contain. Revised Statutes, 1879, sec. 4784, p. 955. The petition and each count thereof states — (1) The making • and delivery of the tax bill. (2) The tax bill is copied in full in each count, giving date and contents thereof. ■(3) Assignment. (4) Filing of the same with the petition.
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Appeal from the Buchanan Circuit Court. The statute provides what the petition shall contain. Revised Statutes, 1879, sec. 4784, p. 955. The petition and each count thereof states — (1) The making • and delivery of the tax bill. (2) The tax bill is copied in full in each count, giving date and contents thereof. ■(3) Assignment. (4) Filing of the same with the petition. (5.) That defendant owns the lot described •and against which the lien is sought to be enforced. ‘This was sufficient, and stated a cause of action, and 'the court erred- in sustaining the demurrer, and in rendering judgment…
1Opinion of the CourtSmith, P. J.
— This is a suit founded on two separate tax bills — one for grading a street under the provisions of section 1406, Revised Statutes, and the other for grading sidewalks under the provisions of section 1405, Revised Statutes.
The petition contained two counts, in each of which is alleged: (1) the making of the tax bill, (2) the con- ' tents in the tax bill with the dates thereof, (3) the ■assignment, (4) the filing of the same, and (5) that the •defendant owns the lot described and against which the lien is sought to be enforced.
The defendant in the circuit court interposed a •demurrer to the…
2Cases cited1 opinion
- Hunt v. HopkinsSupreme Court of Missouri · 1877
3Cited by5 opinions
- City of Carthage ex rel. Carthage National Bank v. BadgleyMissouri Court of Appeals · 1898
- City of Mexico v. LakenanMissouri Court of Appeals · 1908
- Adkins v. QuestMissouri Court of Appeals · 1899
- Seaboard National Bank v. Wright's TrusteeMissouri Court of Appeals · 1896
- Bambrick Bros. Construction Co. v. McCormickMissouri Court of Appeals · 1911