Kurtz v. Knapp
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Hon. Wüliam B. Teasdale, Judge. (1) The taxbill is void because the sidewalk was not constructed in the place where the ordinance and contract provided it should be constructed, but on private property. Bishop v. Tripp, 15 R. I., 466; Leach v. Cargill, 60 Mo. 316; Neill v. Gates, 152 Mo. 585; Paving Co. v. Ridge, 169 Mo. 376; Kiley v. Oppenheimer, 55 M'o. 374; Rose v. Trestra.il, 62 Mo. App. 352; Me-. Quiddy v. Brannock, 70 Mo.
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Appeal from Jackson Circuit Court.—Hon. Wüliam B. Teasdale, Judge. (1) The taxbill is void because the sidewalk was not constructed in the place where the ordinance and contract provided it should be constructed, but on private property. Bishop v. Tripp, 15 R. I., 466; Leach v. Cargill, 60 Mo. 316; Neill v. Gates, 152 Mo. 585; Paving Co. v. Ridge, 169 Mo. 376; Kiley v. Oppenheimer, 55 M'o. 374; Rose v. Trestra.il, 62 Mo. App. 352; Me-. Quiddy v. Brannock, 70 Mo. App. 353; Childers v. Holmes, 95 M'o. App. 154; Paupeny v. Dannan, 6 Mo. App. 573; Carroll v. St. Louis, 4 Mo. App. 194;…
1Opinion of the CourtEllison, J.
This is an action to cancel a taxbill claimed to be a lien on plaintiff’s property in Kansas City. Tbe judgment in tbe trial court, was for tbe defendants.
Tbe first ground for its cancellation is that tbe sidewalk for which the tax was levied was not built on Prospect avenue, tbe street designated by tbe ordinance, but on plaintiff’s private property. Tbe facts are that tbe street called Prospect avenue was formerly a county road forty feet in width. It was widened to eighty feet by taking twenty feet from tbe adjoining property on either side. Tbe walk in this case was laid on this twenty…
2Cases cited1 opinion
- Childers v. HolmesMissouri Court of Appeals · 1902
3Cited by7 opinions
- State Ex Rel. Audrain County v. City of MexicoSupreme Court of Missouri · 1946
- Weakley v. State Highway CommissionSupreme Court of Missouri · 1963
- Duckworth v. City of SpringfieldMissouri Court of Appeals · 1916
- Park View Heights Corporation v. City of Black JackDistrict Court, E.D. Missouri · 1971
- Boatmen's Bank v. Semple Place Realty Co.Missouri Court of Appeals · 1919
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