Legal Opinion

Heman v. Larkin

Missouri Court of Appeals

Decided March 3, 1903PublishedCited by 9 opinions

Appeal from St. Louis City Circuit Court. — Ho». Warwick Hough, Judge. (1) It was the duty of the justice to state in his docket the time when the summons was issued. R. S. 1899, sec. 3844. (2) The statement that the summons was “issued” to the constable on December 5, 1899, means that it was delivered to that officer on that date. Century Diet. (1889), vol. 11, p. 32; Webster’s Diet.*, Folks v. Yost, 54 Mo.

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Appeal from St. Louis City Circuit Court. — Ho». Warwick Hough, Judge. (1) It was the duty of the justice to state in his docket the time when the summons was issued. R. S. 1899, sec. 3844. (2) The statement that the summons was “issued” to the constable on December 5, 1899, means that it was delivered to that officer on that date. Century Diet. (1889), vol. 11, p. 32; Webster’s Diet.*, Folks v. Yost, 54 Mo. App. 55. (3) The special tax-bill made a prima facie case for plaintiff. Charter, City of St. Louis, art. 6, sec. 25; R. S. 1899, p. 2513; Wolfort v. St. Louis, 115 Mo. 139. (4) The…

1Opinion of the CourtBland, P. J.

This is an action to enforce a special taxbill which is dated December 8, 1897, for improvements in the city of St. Louis. The taxbill runs in favor of the plaintiff, a contractor, who (according to the recital in the taxbill) did certain work necessary for repairing a sidewalk in one of the city streets. The tax was assessed in the usual way against the adjacent property to pay for said work. This suit was brought against the owners and lessee of the land charged with the alleged lien of the taxbill. The latter is founded on provisions of the charter of the city of St. Louis, governing the…

2Cases cited7 opinions

  1. Mathias v. O'NeillSupreme Court of Missouri · 1887
  2. McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
  3. Folks v. YostMissouri Court of Appeals · 1893
  4. Brown v. PearsonSupreme Court of Missouri · 1843
  5. Turner v. BurnsMissouri Court of Appeals · 1890

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

3Cited by9 opinions

  1. Conrad v. McCallMissouri Court of Appeals · 1920
  2. McIntosh v. Standard Oil Co.Nebraska Supreme Court · 1931
  3. Fabien v. GrabowMissouri Court of Appeals · 1908
  4. State v. HobbsMissouri Court of Appeals · 1925
  5. Missouri Granitoid Co. v. GeorgeMissouri Court of Appeals · 1910

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

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