Hill v. Swingley
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Respondents can not amend their petition by reply, and under the guise of an estoppel, recover for the breach of a contract not sued on. Hill v. Mining Co., 119 Mo. 30; Cole v. Armour, 154 Mo. 350; Mohney v. Reed, 40 Mo. App. 109; McMahill v. Jenkins, 69 Mo. App. 279. (2) It is a prerequisite to the validity of tax bills that a limit should be fixed by ordinance of the 'aggregate cost of doing the work.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Respondents can not amend their petition by reply, and under the guise of an estoppel, recover for the breach of a contract not sued on. Hill v. Mining Co., 119 Mo. 30; Cole v. Armour, 154 Mo. 350; Mohney v. Reed, 40 Mo. App. 109; McMahill v. Jenkins, 69 Mo. App. 279. (2) It is a prerequisite to the validity of tax bills that a limit should be fixed by ordinance of the 'aggregate cost of doing the work. This not having been done; the tax bill sued on is void. Charter, City of St. Louis, art. 6, sec. 28; Wheeler v. Poplar…
1Opinion of the CourtYalliant, J.
Suit upon a special tax bill issued by the city of St Louis against defendant’s property for the building of a district sewer. The answer of the defendant asserts the invalidity of the tax bill on several grounds. Those to which our attention is chiefly directed in the brief of appellant are that the ordinance and contract under which the sewer was built were in violation of the city charter, and that the provisions of the city charter relied on by plaintiffs are in violation of the Constitution of the United States and of this State.
There was a reply setting up an alleged transaction between…
2Cases cited5 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900
- Heman v. AllenSupreme Court of Missouri · 1900
- Wheeler v. City of Poplar BluffSupreme Court of Missouri · 1899
- City of Independence ex rel. Smith v. BriggsMissouri Court of Appeals · 1894
3Cited by13 opinions
- McGhee v. WalshSupreme Court of Missouri · 1913
- Prior v. Buehler & Cooney Construction Co.Supreme Court of Missouri · 1902
- Branting v. Salt Lake CityUtah Supreme Court · 1915
- Voogd v. JOINT DRAIN. DIST., KOSSUTH & WINNEBAGO COS.Supreme Court of Iowa · 1971
- Hund v. RackliffeSupreme Court of Missouri · 1905
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