Legal Opinion

Seibert v. Allen

Supreme Court of Missouri

Decided January 15, 1876PublishedCited by 22 opinions

Uppeal from St. Louis Circuit Court. Plaintiff was bound, in order to make out bis case, to show that the locus in quo was a highway, and 2nd, that the abutting land was defendant’s property. Although the tax bill proved the facts prima facie, plaintiff was bound to put in all his evidence relating thereto, together in chief, and could not introduce it piece-meal. If not introduced in mak- , ing out his case, it is lost to him, except by grace of the court.

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Uppeal from St. Louis Circuit Court. Plaintiff was bound, in order to make out bis case, to show that the locus in quo was a highway, and 2nd, that the abutting land was defendant’s property. Although the tax bill proved the facts prima facie, plaintiff was bound to put in all his evidence relating thereto, together in chief, and could not introduce it piece-meal. If not introduced in mak- , ing out his case, it is lost to him, except by grace of the court. (Reese vs. Smith, 2 Stark. N. P., 32; Delanv vs. Mitchell, 1 id.. 440 ; Ryan & Mood., 254.) The testimony referred to was in no'sense in…

1Opinion of the CourtHough, Judge

This was an action to enforce the lien of two special tax bills issued by the proper officer of the City of St. Louis, for certain street improvements made in front of a piece of ground in said city, alleged to be the property of the defendant. The two counts of the petition were substantially the same, differing only in the description of the tax bills and the property sought to be charged. The answer to the first count is not material, as the matters in controversy here arise chiefly out of proceedings having reference only to the secón d count.

*484■ The answer to the second count alleged that…

2Cases cited10 opinions

  1. Clark's v. HannibalSupreme Court of Missouri · 1865
  2. Mooney v. KennettSupreme Court of Missouri · 1854
  3. Wolf v. American Express Co.Supreme Court of Missouri · 1869
  4. Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
  5. Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874

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

3Cited by22 opinions

  1. Weil v. PostenSupreme Court of Missouri · 1883
  2. Spooner v. RossMissouri Court of Appeals · 1887
  3. Meyers v. DrakeSupreme Court of Missouri · 1930
  4. St. Louis S. F. R. Co. v. Farmers' Union Gin Co.Supreme Court of Oklahoma · 1912
  5. Wells v. AdamsMissouri Court of Appeals · 1901

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

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