Legal Opinion · Dissent

Verdin v. City of St. Louis

Supreme Court of Missouri

Decided November 19, 1895Published

Appeal from St. Louis City Circuit Court. — Hon. L. B. Y allí ant, Judge. Plaintiffs’ petition is as follows: Por cause of action against defendants, plaintiffs state as follows, to wit: ’ On or about the fourth day of September, 1888, one James yerdin departed this life in the city of St. Louis, leaving a last will and testament, dated the thirtieth day of June, 1888, which will was duly probated in the probate court in the city of St. Louis on the thirteenth day of…

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Appeal from St. Louis City Circuit Court. — Hon. L. B. Y allí ant, Judge. Plaintiffs’ petition is as follows: Por cause of action against defendants, plaintiffs state as follows, to wit: ’ On or about the fourth day of September, 1888, one James yerdin departed this life in the city of St. Louis, leaving a last will and testament, dated the thirtieth day of June, 1888, which will was duly probated in the probate court in the city of St. Louis on the thirteenth day of September, 1888. By the terms of said will, the said James 'Verdín gave to his children, Louis, Bernard M., John N., Harriet…

1DissentSherwood, J.

(dissenting). — This equitable proceeding has for its object the divesting of the lien of a certain special tax bill for $400, in favor of the Barber Asphalt Paving Company, for work completed by that company on Jefferson avenue, and to cancel such tax bill if issued; if not issued, to restrain its issuance.

The city, McMath, president board of public improvements, and Sturgeon, comptroller, demurred on several grounds, among them that the petition did not state facts, etc. The other defendant, the Asphalt Paving Company, filed an answer.. The lower court denied a temporary injunction, held…

2Cases cited96 opinions

  1. United States v. KirbySupreme Court of the United States · 1869
  2. Dows v. City of ChicagoSupreme Court of the United States · 1871
  3. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  4. Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  5. Shelton v. PlattSupreme Court of the United States · 1891

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