Legal Opinion

Mound City Construction Co. v. MacGurn

Missouri Court of Appeals

Decided December 23, 1902PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court. — No». Warwick Hough, Judge. (1) There is but one question in this case, and that arises on the pleadings, and admitted facts set out in a stipulation filed in the trial court.

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Appeal from St. Louis City Circuit Court. — No». Warwick Hough, Judge. (1) There is but one question in this case, and that arises on the pleadings, and admitted facts set out in a stipulation filed in the trial court. Section 18, article 6, of the charter of the city of St. Louis provides, in substance, that the lots abutting a street shall not be charged for the construction of such street in excess of twenty-five per cent of the assessed value of said property, calculating a depth of such property to 150 feet. And the question to be determined in this case is whether or not, in determining…

1Opinion of the CourtBarclay, J.

— We adopt the statement submitted here by the able representative of defendants, appellants, which is an entirely fair presentation of the facts on which this appeal must be decided, as follows:

The plaintiff’s cause of action is based on a special taxbill issued under the provisions .of the charter of the city of St. Louis.

The petition alleged that defendants were owners of a lot of ground in the.city of St. Louis, fronting forty feet on Maple avenue, and that an ordinance of the municipal assembly of said city was passed, providing for the construction of the street in front of this…

2Cases cited3 opinions

  1. Farrar v. City of St. LouisSupreme Court of Missouri · 1883
  2. Snow v. City of FitchburgMassachusetts Supreme Judicial Court · 1883
  3. Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1856

3Cited by1 opinion

  1. Trustees of Riverview Estates v. BallardMissouri Court of Appeals · 1990

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