McCormick v. Clopton
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Q-eorge H. Williams, Judge. (1) (a) Tliose parts of the answer of M. B., Wm. H. Jr., and Emily Clopton which pleaded the statute of two years limitation stated a good defense. All the installments became due within two years after their date if no installment had been paid, and suit should have been brought in two years from their dates. Construe’ tion Co. v. Coal Co., 205 Mo. 63; Burns v. Ballinger, 76 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Q-eorge H. Williams, Judge. (1) (a) Tliose parts of the answer of M. B., Wm. H. Jr., and Emily Clopton which pleaded the statute of two years limitation stated a good defense. All the installments became due within two years after their date if no installment had been paid, and suit should have been brought in two years from their dates. Construe’ tion Co. v. Coal Co., 205 Mo. 63; Burns v. Ballinger, 76 Mo. App. 58. The lien of a special taxbill cannot be extended by any act of the parties. The charter creates the lien nolens volens against the…
1Opinion of the CourtNortoni, J.
This is a suit on two special tax-bills issued under the charter provisions of the city of St. Louis. Plaintiff recovered and defendants prosecute the appeal.
There is no bill of exceptions before us and the matters open for consideration arise entirely on the face of the record proper. The questions for decision are two in number: The first relates to defendants’ plea of the Statute of Limitations which seems not to have been formally denied by filing a reply though the case was tried as if one had been duly filed, and the second .pertains to the fact that the petition discloses one of the…
2Cases cited15 opinions
- Spurlock v. SprouleSupreme Court of Missouri · 1880
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
- Roden v. HelmSupreme Court of Missouri · 1905
- State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
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3Cited by7 opinions
- Tice v. MilnerSupreme Court of Missouri · 1957
- Conrad v. McCallMissouri Court of Appeals · 1920
- Mayne v. Jacob Michel Real Estate Co.Missouri Court of Appeals · 1944
- Matthews v. StephensonMissouri Court of Appeals · 1913
- Johnson v. Missouri Pacific Transp. Co.District Court, E.D. Missouri · 1938
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