Saxton National Bank v. Bennett
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) This appeal was taken to this court before the decision in Bank v. Carswell, 126 Mo. 436. The constitutional question raised in the record gives this court exclusive jurisdiction of the whole case. State ex rel. v. Francis, 95 Mo. 44. (2) The ordinance relied on to sustain the bills is void. The authority delegated to the city is found in sections 4644 (par.
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Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) This appeal was taken to this court before the decision in Bank v. Carswell, 126 Mo. 436. The constitutional question raised in the record gives this court exclusive jurisdiction of the whole case. State ex rel. v. Francis, 95 Mo. 44. (2) The ordinance relied on to sustain the bills is void. The authority delegated to the city is found in sections 4644 (par. Ill), 4781, 4782, 4783, Revised Statutes 1879, limited by the act of 1885 (Sess. Acts, p. 59). The act of 1885 forbids the exercise of the power except upon the conditions…
1Opinion of the CourtGantt, P. J.
This action was instituted in the circuit court of Buchanan county on two special tax bills, one for $61.50 and the other for $8.57, regularly issued and duly assigned to plaintiff.
The defense was that the ordinances and all the proceedings thereunder were in direct violation of every one of the provisions of the charter of the city of St. Joseph, and the laws governing it, appertaining to the grading and regrading of streets, and requiring the ascertainment and payment of all damages that might be done by any proposed grading or regrading of any street in said city.
The reply pleaded an…
2Cases cited12 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. DusenberrySupreme Court of Missouri · 1892
- Welsh v. City of St. LouisSupreme Court of Missouri · 1880
- Keith v. BinghamSupreme Court of Missouri · 1889
- Gibson v. OwensSupreme Court of Missouri · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Joiner v. GoldsmithSupreme Court of Oklahoma · 1910
- State v. HuntSupreme Court of Missouri · 1897
- State ex rel. Iba v. EllisonSupreme Court of Missouri · 1914
- Applegate v. Travelers InsuranceMissouri Court of Appeals · 1910
- Mount Vernon Bank v. PorterSupreme Court of Missouri · 1899
9 more not listed; retrieve them via the Exa API.