Gibson v. Zimmerman
Missouri Court of Appeals
Appeal from, Buchanan Circuit Court, Hoe. . Jos. P. G-eubb, Judge. Statement of case by the court. This is an action to recover from the defendant three several tax bills for macadamizing, done by plaintiff in front of defendant’s property, under an ordinance of the city of St. Joseph.
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Appeal from, Buchanan Circuit Court, Hoe. . Jos. P. G-eubb, Judge. Statement of case by the court. This is an action to recover from the defendant three several tax bills for macadamizing, done by plaintiff in front of defendant’s property, under an ordinance of the city of St. Joseph. The contractor received, from the city engineer, the tax certificates, as in such case by the charter and ordinance provided. • The answer pleaded that the work was not done properly, in accordance with the requirements of the-ordinances ; that the property'had not been divided into lots, as assumed by the…
1Opinion of the CourtPhilips, P. J.
The trial court erred in sustaining the demurrer to the evidence. The rule of practice in this respect was stated by us in Boone v. Railroad (20 Mo. App. 235), “where the plaintiff has made out a prima facie case, although the defendant may intro*97duce evidence which entirely overthrows and disproves the prima facie case of the plaintiff, the trial court cannot say, as matter of law, that it is so overthrown,, and direct a verdict for the defendant. The credibility of the witnesses, and the weight Of the evidence, are peculiarly matters for the jury. The plaintiff is entitled to have the…
2Cases cited10 opinions
- New Orleans v. ClarkSupreme Court of the United States · 1877
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Newman v. City of EmporiaSupreme Court of Kansas · 1884
- Brown v. Mayor of New YorkNew York Court of Appeals · 1875
- Neenan v. SmithSupreme Court of Missouri · 1875
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3Cited by4 opinions
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
- Rinehart v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1907
- Hirsch v. United States Grand Lodge of the Order Brith AbrahamMissouri Court of Appeals · 1899
- Guthrie v. HolmesSupreme Court of Missouri · 1917