Legal Opinion

City of Nevada ex rel. Gilfillan v. Eddy

Supreme Court of Missouri

Decided June 26, 1894PublishedCited by 49 opinions

Appeal from Vernon Circuit Court. — Hon. D. P. Stbatton, Judge. (1) The land sought to be charged with the special tax is a part of the Missouri, Kansas & Texas railway grounds in Nevada.

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Appeal from Vernon Circuit Court. — Hon. D. P. Stbatton, Judge. (1) The land sought to be charged with the special tax is a part of the Missouri, Kansas & Texas railway grounds in Nevada. This block 32, as originally described, was acquired as a part of the right of way and yards of the railroad in that city, and has ever since been used in connection with the other lands for the purposes of the railroad in the transaction of the business of a common carrier, and it is, therefore, part of a public highway. Const, of Mo., art. 12, sec. 14; R. S. 1889, sec. 2630. This ground is, therefore, not…

1Opinion of the CourtGantt, P. J.

— This action was brought in the circuit court of Vernon county to enforce a special tax bill against a tract of land described in the petition as 5 “all of block 32 Dodson’s addition to the city of Nevada, Missouri,” as the property of the Missouri, Kansas & Texas Railway, on account of curbing and guttering in front of or along the west side of said block, as alleged.

The petition alleged the receivership of defendants; that Nevada was a city of the third class; that on July 12, 1888, the city council passed an ordinance, number 138, “Providing for curbing and guttering streets; ” that said…

2Cases cited13 opinions

  1. City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
  2. Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
  3. Stewart v. City of ClintonSupreme Court of Missouri · 1883
  4. Rhodes v. City of ClevelandOhio Supreme Court · 1840
  5. Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875

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3Cited by49 opinions

  1. Board of Control v. BucksteggeArizona Supreme Court · 1916
  2. State Ex Rel. Blue Springs v. McWilliamsSupreme Court of Missouri · 1934
  3. Byam v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
  4. Kansas City v. BaconSupreme Court of Missouri · 1898
  5. Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908

44 more not listed; retrieve them via the Exa API.

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