Barber Asphalt Paving Co. v. City of St. Joseph
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.- — Row. A. M. Woodson, Judge. (1) Plaintiff’s petition stated no cause of action and the court should have sustained defendant’s objection to the introduction of evidence for that reason. The petition counted upon special taxbills made out against specific property and charging the respective amounts as a lien upon that property, and. for that reason, stated no cause of action entitling it to a general or personal judgment.
Read the full summary
Appeal from Buchanan Circuit Court.- — Row. A. M. Woodson, Judge. (1) Plaintiff’s petition stated no cause of action and the court should have sustained defendant’s objection to the introduction of evidence for that reason. The petition counted upon special taxbills made out against specific property and charging the respective amounts as a lien upon that property, and. for that reason, stated no cause of action entitling it to a general or personal judgment. Neenan v. Smith, 50 Mo. 525; St. Louis v. Allen, 53 Mo. 44; Clinton ex rel. v. Henry Co., 115 Mo. 557; R. S. 1899, secs. 5661, 5662,…
1Opinion of the CourtBbace, P. J.
This is an appeal by the defendant from a general judgment of the Buchanan circuit court in favor of the plaintiff against the city for the sum of $1,631.70, in an action on five special taxbills issued under the provisions of sections 5661 et seq., of article 3, chapter 91, Bevised Statutes 1899, governing cities of the second class, to which the defendant belongs, for the proportionate amount of the cost of constructing the curbing, guttering and roadway of Third street from the north line of Jule to the south line of Franklin street in said city, charged against five lots, owned in fee…
2Cases cited17 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
- Morrison v. MoreySupreme Court of Missouri · 1898
- Neenan v. SmithSupreme Court of Missouri · 1872
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Elmendorf v. City of San AntonioCourt of Appeals of Texas · 1920
- Morey Engineering & Construction Co. v. St. Louis Artificial Ice Rink Co.Supreme Court of Missouri · 1912
- Reynard v. City of CaldwellIdaho Supreme Court · 1933
- Bates v. Comstock Realty Co.Supreme Court of Missouri · 1924
- Schwab v. City of St. LouisSupreme Court of Missouri · 1925
8 more not listed; retrieve them via the Exa API.