Seibert v. Tiffany
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The bill sued on embraced two lots, one of which only was chargeable with any portion of the work, and therefore was illegal and void, and judgment should have been for defendant. — Miller v. Anheuser, 4 Mo. App. 436; Kefferstein v. Holliday, 3 Mo. App. 569. The mode of assessment prescribed by the ordinance was unjust and improper. —Neenan v. Smith, 50 Mo. 531 ; OityY.
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Appeal from the St. Louis Circuit Court. The bill sued on embraced two lots, one of which only was chargeable with any portion of the work, and therefore was illegal and void, and judgment should have been for defendant. — Miller v. Anheuser, 4 Mo. App. 436; Kefferstein v. Holliday, 3 Mo. App. 569. The mode of assessment prescribed by the ordinance was unjust and improper. —Neenan v. Smith, 50 Mo. 531 ; OityY. Clemens, 49 Mo. 554; Weber v. Scerzens, 59 Mo. 389 ; Zoeller v. Kellogg, 4 Mo. App. 163. The pleadings raise the issue that no plans or profiles were attached to the ordinance, and the…
1Opinion of the CourtHayden, J.
This is a suit on a special tax-bill issued against property of the defendant at the corner of Chouteau and Grand Avenues, in the city of St. Louis, for work done in curbing, guttering, macadamizing, etc., the latter street. The defendant pleaded various matters ; among others, that the ordinance is void, as requiring each lot to be assessed in proportion to the linear quantity bordering or fronting on any one finished block. But a proper construction of the ordinance does not necessarily require this ; and, in point of fact, the clause as to the one block was disregarded, and the property…
2Cases cited3 opinions
- Exchange Bank v. RussellSupreme Court of Missouri · 1872
- Bohle's Administrator v. StannardMissouri Court of Appeals · 1879
- Perkinson v. PartridgeMissouri Court of Appeals · 1876
3Cited by5 opinions
- Moberly v. HoganSupreme Court of Missouri · 1895
- Knapp v. Kansas CityMissouri Court of Appeals · 1892
- Allen v. KrenningMissouri Court of Appeals · 1886
- Heman v. RingMissouri Court of Appeals · 1900
- Heman v. WolffMissouri Court of Appeals · 1888