Turner v. Burns
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) By the charter of St. Joseph (Laws, 1865, p. 436), under which this tax bill originated, it was provided that “ said certified bill shall be delivered to the contractor for the work, who shall proceed to collect the same by ordinary process of law * * * and each certified bill shall be a lien against the lot of ground described therein.”
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Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) By the charter of St. Joseph (Laws, 1865, p. 436), under which this tax bill originated, it was provided that “ said certified bill shall be delivered to the contractor for the work, who shall proceed to collect the same by ordinary process of law * * * and each certified bill shall be a lien against the lot of ground described therein.” No limitation was provided, and there is none unless under the general law. The proceeding is essentially a real action, a proceeding in rem; no personal judgment can be rendered in any…
1Opinion of the CourtEllison, J.
This suit,is based on a special tax bill. The question is, which limitation applies; the five or ten-year statute % If ten years, the action was not barred ; if five, it was.
An action on a special tax bill necessarily depends upon the provision of a statute for its support. ■ The liability imposed by such bill is evidently “a liability created by statute,” and as such falls within the letter of section 3230, Revised Statutes, 1879, now seption 6775, Revised Statutes, 1889. And this was the opinion of the supreme court in City of St. Louis v. Newman, 45 Mo. 138. A case cited in that opinion…
2Cases cited1 opinion
- City of St. Louis ex rel. Deppelheuer v. NewmanSupreme Court of Missouri · 1869
3Cited by7 opinions
- Sierk v. ReynoldsMissouri Court of Appeals · 1972
- Heman v. LarkinMissouri Court of Appeals · 1903
- Pleadwell v. Missouri Glass Co.Missouri Court of Appeals · 1910
- Eyssell v. City of St. LouisSupreme Court of Missouri · 1902
- Kansas City v. PorterMissouri Court of Appeals · 1897
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