Richter v. Merrill
Missouri Court of Appeals
Appeal from tbe Jackson Circuit Court.—Hon. J. H. Slover, Judge. (1) Tbe provision of tbe charter (art. IX, sec. 23), requiring objections to be filed to installment tax bills is valid legislation, and a failure by tbe property owner to comply with it is a waiver of all objections to tbe validity of tbe bills.
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Appeal from tbe Jackson Circuit Court.—Hon. J. H. Slover, Judge. (1) Tbe provision of tbe charter (art. IX, sec. 23), requiring objections to be filed to installment tax bills is valid legislation, and a failure by tbe property owner to comply with it is a waiver of all objections to tbe validity of tbe bills. (2) Where the statute Requires tbe property owner to file bis objections, that remedy is exclusive, and if be does not avail himself of it he can not question the regularity of the assessment, and the only question open is the authority of the city to contract for the work. Tnmwater v.…
1Opinion of the CourtEllison, J.
This action is to cancel a special tax bill said to have been issued under the charter of Kansas City. The judgment in the trial court was for plaintiff.
It is not denied, as an original proposition, that since the paving for which the tax bill was issued was not completed within the time limited by the ordinance, the tax bill would be void under the cases of McQuiddy v. Brannock, 70 Mo. App. 535; Trust Co. v. James, 77 Mo. App. 616, and the case of Neill v. Gates, 54 S. W. Rep. 460; s. c., 152 Mo. 585. But it is claimed that plaintiff is disabled, or estopped, from claiming the bill to be…
2Cases cited8 opinions
- Baker v. KelleySupreme Court of Minnesota · 1866
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Neill v. GatesSupreme Court of Missouri · 1899
- Taylor v. MilesSupreme Court of Kansas · 1870
- Mason v. CrowderSupreme Court of Missouri · 1885
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3Cited by7 opinions
- Barber Asphalt Paving Co. v. RidgeSupreme Court of Missouri · 1902
- Dickey v. HolmesSupreme Court of Missouri · 1907
- State ex rel. Curtice v. SmithSupreme Court of Missouri · 1903
- Barber Asphalt Paving Co. v. MunnSupreme Court of Missouri · 1904
- Platte City Benefit Assessment Special Road District v. CouchSupreme Court of Missouri · 1928
2 more not listed; retrieve them via the Exa API.