Barber Asphalt Paving Co. v. Kansas City Hydraulic Press Brick Co.

TRIMBLE, J. —

Suit on special tax bills for paving with asphalt a business street in Kansas City.

The answer set up nine separate and distinct defenses. Some of these were concluded by the verdict of the jury in plaintiff’s favor. The others, when carefully analyzed, are found to contain really but four matters of defense, some stating the same defense twice in a different way.

On motion of the plaintiff, the court struck out the third, fourth, fifth, sixth and seventh defenses before entering upon the trial. And we are asked to review this action along with other errors claimed.

We shall first…