Barber Asphalt Paving Co. v. Field
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James E. Goodrich, Judge. (1) The statutes governing Westport as a fourth-class city undoubtedly authorized and required a levy of the cost of a street pavement, by ordinance, against the abutting lands, before any taxbill was authorized to be issued or become a lien on any of such lands. R. S. 1899, secs. 5982, 5983, 5984; Westport y. Mastín, 62 Mo. App. 647; Westport y. Jackson, 69 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Eon. James E. Goodrich, Judge. (1) The statutes governing Westport as a fourth-class city undoubtedly authorized and required a levy of the cost of a street pavement, by ordinance, against the abutting lands, before any taxbill was authorized to be issued or become a lien on any of such lands. R. S. 1899, secs. 5982, 5983, 5984; Westport y. Mastín, 62 Mo. App. 647; Westport y. Jackson, 69 Mo. App. 148. (2) It is alleged in the petition, therefore is conceded, that the board of aldermen of Westport made no levy by ordinance; also that no taxbill was issued…
1Opinion
ON MOTION FOR REHEÁBING.
JOHNSON, J.
The judgment entered bgars interest at the rate of eight per cent per annum irom the date of the judgment. This was error. The interest allowed on the judgment should not exceed six per cent. St. Joseph ex rel. v. Forsee, 110 Mo. App. 242. In the' opinion filed in that case we said: “The use of *669the word ‘interest’ in the statute is a misnomer. It is not interest but is a penalty to which the owner is subjected for his neglect of duty in failing to pay,”—citing City of St. Louis v. Allen, 53 Mo. 57; Bank v. Woesten, 176 Mo. 60; Tipton v. Norman, 72 Mo. 380;…
2Cases cited9 opinions
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Showles v. FreemanSupreme Court of Missouri · 1884
- Ryan v. GrowneySupreme Court of Missouri · 1894
- Town of Tipton v. NormanSupreme Court of Missouri · 1880
- Eyerman v. BlaksleySupreme Court of Missouri · 1883
4 more not listed; retrieve them via the Exa API.