City of Kirkwood Ex Rel. Baptiste v. Handlan
Supreme Court of Missouri
Appeal from St. Louis Circuit Court.—Hon. G. A. Wurdeman, Judge. (1) The street improvement work for which the special tax bill sued on was issued was done on private property, therefore the tax bill is void.
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Appeal from St. Louis Circuit Court.—Hon. G. A. Wurdeman, Judge. (1) The street improvement work for which the special tax bill sued on was issued was done on private property, therefore the tax bill is void. (2) The attempted statutory condemnation of appellant’s 30 feet of ground is unconstitutional and therefore null and void, because: (a) Appellant was not made a party by name to the condemnation case. ■ Wherefore he is not bound by same, (b) Section 9415 on which the city’s condemnation proceedings intended to condemn the western 30 feet of appellant’s lot for continuation of Dickson…
1Opinion of the CourtGoode, J.
This is an action on a special tax bill for $254.69 and interest, issued by the officials of the City of Kirkwood, Missouri, which is a city of the fourth class, to pay, in part, for improvements made on a portion of Dickson Street. The improvements included the grading of the street, putting in curbing and guttering, and spreading and rolling macadam and gravel. The work was done by E. J.-Welseh, to whom the tax bill in controversy was issued, but the action was instituted at the relation of George Baptiste, as the assignee of Weffich. The defendant resided in the City of St. Louis, but…
2Cases cited4 opinions
- Rinehart v. BillsSupreme Court of Missouri · 1884
- Bauman v. BoeckelerSupreme Court of Missouri · 1893
- Livingston v. DuganSupreme Court of Missouri · 1854
- Baker v. SquireMissouri Court of Appeals · 1895
3Cited by3 opinions
- Pauls Valley Nat. Bank v. FossSupreme Court of Oklahoma · 1924
- Granite Bituminous Paving Co. v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1932
- Roth v. HoffmanMissouri Court of Appeals · 1938