West v. Burke
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. O. A. Lucas, Judge. (1) Tlie court erred in giving declaration of law No. 4 at tlie request of defendants. Under the charter the only basis of apportionment of cost is according to valuation. Seo. 3, art. 8, p. 315, Charter; Meier v. St. Louis, 180 Mo. 408; Webster v. Fargo, 181 U. S. 394; Prior v. Const. Co., 170 Mo. 451; Ry.
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Appeal from Jackson Circuit Court. — Eon. O. A. Lucas, Judge. (1) Tlie court erred in giving declaration of law No. 4 at tlie request of defendants. Under the charter the only basis of apportionment of cost is according to valuation. Seo. 3, art. 8, p. 315, Charter; Meier v. St. Louis, 180 Mo. 408; Webster v. Fargo, 181 U. S. 394; Prior v. Const. Co., 170 Mo. 451; Ry. Co. v. Paving Co., 197 U. S. 430; Cooper v. Ord, 60 Mo. 420; Fairbanks-Morse Co. v. Stock Food Co., 151 Mo. 260. (2) The court erred in admitting evidence of the supposed special benefits. The only material inquiry was as to the…
1Opinion of the CourtJames T. Blair, P. J.
This is an appeal from a judgment for defendant in a suit on a tax bill issued in part payment of the cost of the work of grading Ewing avenue from Fifteenth to Seventeenth street in Kansas City.
The answer contains (1) an admission of ownership of the parcel of ground against which the tax bill was issued; (2) a general denial of other allegations; (3) averments of facts said to show such delay in prosecuting this action as to establish that it was not commenced or prosecuted in good faith and that the lien has expired; (4) a plea of laches on the same facts; (5) averments that the assessment…
2Cases cited10 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
- Phillip Wagner, Inc. v. LeserSupreme Court of the United States · 1915
- Mattingly v. District of ColumbiaSupreme Court of the United States · 1878
- Embree v. Kansas City & Liberty Boulevard Road DistrictSupreme Court of the United States · 1916
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3Cited by3 opinions
- City of Webster Groves to Use of Wise v. TaylorSupreme Court of Missouri · 1929
- Schmelzer v. Kansas CitySupreme Court of Missouri · 1922
- Nichols v. Kansas CitySupreme Court of Missouri · 1922