Platt v. Parker-Washington Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1)' The cause of action, if any, for .the cancellation of defendant’s taxbill can not be stated for the first time in a so-called reply. 'Where as here the nature of defendant’s claim is not alleged in the petition to be “unknown” to plaintiff but is distinctly stated, without intimation, even that it is invalid. Rhodes v. Land & Lumber Co., 105 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1)' The cause of action, if any, for .the cancellation of defendant’s taxbill can not be stated for the first time in a so-called reply. 'Where as here the nature of defendant’s claim is not alleged in the petition to be “unknown” to plaintiff but is distinctly stated, without intimation, even that it is invalid. Rhodes v. Land & Lumber Co., 105 Mo. App. 279; Gage v. Cant-well, 191 Mo. 698. (2) It is not alleged in petition or reply, or proven, that any rebate or contract therefor enhanced to any extent'the contract price, or…
1Opinion of the CourtJohnson, J.
This suit was instituted in the circuit court of Jackson county, January 18, 1907, to clear the title of plaintiff to certain land owned by him in Kansas City from the lien of a special taxbill issued to defendant The Parker-Washington Company on account of an improvement of the street in front of the land made by said company under contract with the city. Plaintiff contends the taxbill is invalid because of secret rebates given by the company to other property owners, but instead of bringing’ a suit in equity to cancel the taxbill plaintiff in his petition founded his cause of action on…
2Cases cited4 opinions
- Huff v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1900
- Ball v. WoolfolkSupreme Court of Missouri · 1903
- Rhodes v. Holladay-Klotz Land & Lumber Co.Missouri Court of Appeals · 1904
- Platt v. Parker-Washington Co.Supreme Court of Missouri · 1911
3Cited by5 opinions
- Neal v. Twelfth & Grand Avenue Building Co.Missouri Court of Appeals · 1934
- Teisinger v. HardyMontana Supreme Court · 1931
- Smith v. SmithMissouri Court of Appeals · 1921
- Smissman v. WellsMissouri Court of Appeals · 1923
- McKine v. City of IndependenceMissouri Court of Appeals · 1914