Carroll v. City of St. Louis
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Where the city neglects its duty, or where the whole proceeding by which the tax-bill is issued is void, the city is liable, though the contractor agreed to look to the tax-bill for payment. Soulard v. City of 8t.
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Appeal from St. Louis Circuit Court. Where the city neglects its duty, or where the whole proceeding by which the tax-bill is issued is void, the city is liable, though the contractor agreed to look to the tax-bill for payment. Soulard v. City of 8t. Louis, 36 Mo. 546 ; Kearney v. Oity of Cov-ington, 1 Mete. 339 ; Smith v. City of Milwaukee, 18 Wis. 63 ; Finney v. City of Oshkosh, 18 Wis. 30 ; City of Chicago v. The People, 48 Ill. 416; Rupert v. City of Baltimore, 23 Md. 184; City of Louisville v. Henderson, 5 Bush, 515. cited: Saxton v. City of St. Joseph, 60 Mo. 156 ; Dill., sec. 754.
1Opinion of the CourtBakewell, J.
The petition in this ca.se alleges that defendant, prior to June 15, 1874, acting by virtue of an ordinance of defendant, number 8475, employed plaintiff to do certain work upon property of one Plant, in the city of St. Louis, the work being curbing, guttering, and macadamizing; and then agreed with plaintiff, and promised him, to issue to plaintiff a special tax-bill, to become a lien upon the property of Plant described; that plaintiff in good faith executed the work, in a good and workmanlike manner; and that defendant issued to plaintiff a special tax-bill which was not a lien upon said…
2Cases cited3 opinions
- Saxton v. City of St. JosephSupreme Court of Missouri · 1875
- Fletcher v. City of OshkoshWisconsin Supreme Court · 1864
- Steinmeyer v. City of St. LouisMissouri Court of Appeals · 1877
3Cited by5 opinions
- Pauls Valley Nat. Bank v. FossSupreme Court of Oklahoma · 1924
- Klingenberg v. . RaleighSupreme Court of North Carolina · 1937
- City of Springfield ex rel. Bank of Commerce v. BaxterMissouri Court of Appeals · 1914
- Klingenberg v. City of RaleighSupreme Court of North Carolina · 1937
- Town of Kirkwood v. CairnsMissouri Court of Appeals · 1891