Heman v. Larkin
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho®. O’Neill Ryan, Judge. (1) (a) Failure to comply with specifications for work, affects the extent, and not tfie right of recovery, in suits to enforce special taxbills. Charter, City of St. Louis, art. 6, sec. 25 ; R. 'S. 1899, pp. 2513-2514; Creamer v. Bates, 49 Mo. 523; Neenan v. Smith, 60 Mo. 292; Heman v. Gilliam, 171 Mo. 371, 71 S. W. 173; Construction Co. v. Loevy, 78 S. W. 613; Steffen v. Fox, 56 Mo.
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Appeal from St. Louis City Circuit Court. — Ho®. O’Neill Ryan, Judge. (1) (a) Failure to comply with specifications for work, affects the extent, and not tfie right of recovery, in suits to enforce special taxbills. Charter, City of St. Louis, art. 6, sec. 25 ; R. 'S. 1899, pp. 2513-2514; Creamer v. Bates, 49 Mo. 523; Neenan v. Smith, 60 Mo. 292; Heman v. Gilliam, 171 Mo. 371, 71 S. W. 173; Construction Co. v. Loevy, 78 S. W. 613; Steffen v. Fox, 56 Mo. App. 9. (b) The right to pro tanto recovery in such cases is now well recognized by the courts. St. Joseph v. 'Wiltshire, 47 Mo. App. 125;…
1Opinion of the CourtReyburn, J.
— This, an action based on a special taxbill issued by the city of St. Louis, was tried on appeal from a justice’s court in the circuit court before a jury,, which returned a verdict for defendants. The answer of defendants embraced a general denial, a plea of the special statute of limitations and a counterclaim, the latter of which was excluded by the court at the inception of the trial. The taxbill was .read in evidence, being in usual form and its non-payment proven, making out the usual prima facie case for plaintiff, and evidence was offered tending to show when the statement and bill…
2Cases cited9 opinions
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Phelps v. City of SalisburySupreme Court of Missouri · 1901
- Sharp v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Martinowsky v. City of HannibalMissouri Court of Appeals · 1889
- Stone v. HuntSupreme Court of Missouri · 1887
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- Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
- Cobb v. HoustonMissouri Court of Appeals · 1906
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