City of Moberly v. Hassett
Missouri Court of Appeals
Appeal from Randolph. Circuit Court.—Eon. Alexander E. Waller, Judge. (1) Under section 1500 of the Revised Statutes of 1889, plaintiff’s cause of action was barred after one year from the maturity of the last of the three taxbills.
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Appeal from Randolph. Circuit Court.—Eon. Alexander E. Waller, Judge. (1) Under section 1500 of the Revised Statutes of 1889, plaintiff’s cause of action was barred after one year from the maturity of the last of the three taxbills. In this case the work was completed and accepted, by the city on the 15th day of December, 1892, and the first suit was dismissed on September 24, 1897, and the present suit was not instituted until the 17th day of March, 1902. The tax reassessed is due as from the time when it should have been first assessed. 25 Am. and Eng. Ency. Law (1 Ed.), p. 448; Plumer v.…
1Opinion of the CourtEllison, J.
This is an action on a special tax-bill issued for paving Williams street in the city of Moberly with vitrified brick. The judgment in the trial court was for the plaintiff.
*14The principal point against the judgment is the Statute of Limitations. It appears that on the 16th of M'ay, 1892, the city council of Moberly adopted a resolution declaring it to be the sense of the council that Williams street be paved. The resolution was duly published. Afterwards, on the 9th day of July, 1892, an ordinance was passed for the paving. The relator’s bid was accepted and the city entered into a written…
2Cases cited9 opinions
- United States v. BeebeSupreme Court of the United States · 1888
- Bauserman v. BluntSupreme Court of the United States · 1893
- Bauserman v. CharlottSupreme Court of Kansas · 1891
- Kirwin v. NevinCourt of Appeals of Kentucky · 1901
- Innes v. DrexelSupreme Court of Iowa · 1889
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3Cited by3 opinions
- Seested v. DickeySupreme Court of Missouri · 1927
- Likes v. City of RollaMissouri Court of Appeals · 1915
- Hardwicke v. WymoreMissouri Court of Appeals · 1921