Legal Opinion

Folks v. Yost

Missouri Court of Appeals

Decided May 1, 1893PublishedCited by 10 opinions

Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) There was no lien on these lots at the time of the trial of this cause. The court below erred in holding that such lien existed.

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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) There was no lien on these lots at the time of the trial of this cause. The court below erred in holding that such lien existed. The tax bills were issued October 8, 1889, receipted for October 11, 1889, suit brought October 10, 1891, not within tUo years after their issue, October 8, 1889. City Charter, Session Acts, 1875, art. 8, secs. 3, 4, pp. 251-2. (2) Within the meaning of our city charter these tax bills were issued October 8, 1889, when the city engineer made the necessary computation and made out and signed the…

1Opinion of the CourtGill, J.

— This is an action to enforce certain ; special tax bills issued by Kansas City for the construction of sidewalks in front of defendants’ property.

The only question is whether, at the institution of the suit, the lien had expired by reason of the two years limitation provided in the charter. The facts as agreed are as follows: On completion of the work, the city engineer computed the cost of the work, apportioned same among the lots to be charged therewith according to frontage, and made out the tax bills. The engineer’s certificate appended to the bills was dated October 8, 1889. The tax…

2Cited by10 opinions

  1. Scott v. AbbottCourt of Appeals for the Eighth Circuit · 1908
  2. State Ex Rel. William R. Compton Co. v. WalterSupreme Court of Missouri · 1929
  3. Cattlemen's Trust Co. of Ft. Worth v. TurnerCourt of Appeals of Texas · 1915
  4. White v. ReedMissouri Court of Appeals · 1895
  5. Heman v. LarkinMissouri Court of Appeals · 1903

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