City of Boonville ex rel. Cosgrove v. Rogers
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Eon. Samuel Davis, Special Judge. (1) The first defense relied upon is not tenable. Where a taxbill is issued for an amount, a part of which is legal, and a part illegal, it can be enforced for the legal or just amount. St. Joseph ex rel. v. Wilshire, 47 Mo. App. 125; Neenan v. Smith, 60 Mo. 292; Bank y. Arnoldia, 63 Mo. 229; Bank v. Nelson, 64 Mo. 418; Farrar y. St. Louis, 80 Mo. 393; St. Joseph v. Denahar, 61 Mo.
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Appeal from Cooper Circuit Court. — Eon. Samuel Davis, Special Judge. (1) The first defense relied upon is not tenable. Where a taxbill is issued for an amount, a part of which is legal, and a part illegal, it can be enforced for the legal or just amount. St. Joseph ex rel. v. Wilshire, 47 Mo. App. 125; Neenan v. Smith, 60 Mo. 292; Bank y. Arnoldia, 63 Mo. 229; Bank v. Nelson, 64 Mo. 418; Farrar y. St. Louis, 80 Mo. 393; St. Joseph v. Denahar, 61 Mo. App. 317; Marionville ex rel. v. Henson, 65 Mo. App. 405; Johnson y. Duer, 115 Mo. 379; Overall y. Ruenzi, 67 Mo. 207; Dickhaus y. Olderheide,…
1Opinion of the CourtBroaddus, P. J.
This suit is upon a special taxbill issued by the city of Boonville to Thomas Hogan for building a district sewer. John Cosgrove, to whose use the suit is brought, is the assignee and owner of the taxbill.
The petition alleges substantially, omitting the usual and formal parts, that there had been legally established in said city, a city of the third class, a general sewer system, and sets out the passage of various ordinances establishing sewer district No. 11, the passage of a resolution declaring it necessary to construct the sewer in said district for sanitary purposes, the necessary…
2Cases cited5 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Neenan v. SmithSupreme Court of Missouri · 1875
- First National Bank v. ArnoldiaSupreme Court of Missouri · 1876
- City of St. Joseph ex rel. Danaher v. DillonMissouri Court of Appeals · 1895
- City of St. Joseph ex rel. Danaher v. WilshireMissouri Court of Appeals · 1891
3Cited by7 opinions
- Needles v. Kansas CitySupreme Court of Missouri · 1963
- City of Boonville ex rel. Cosgrove v. StephensSupreme Court of Missouri · 1911
- Neil v. RidgeSupreme Court of Missouri · 1909
- City of Webb City v. AylorMissouri Court of Appeals · 1912
- Gratz v. City of KirkwoodMissouri Court of Appeals · 1914
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