Legal Opinion

McQuiddy v. Vineyard

Missouri Court of Appeals

Decided January 28, 1895PublishedCited by 11 opinions

Appeal from the Clay Circuit Court. — Hon. James M. Sandusky, Special Judge. (1) The execution of this tax bill by Maloney, chief clerk of the board of public works, was shown. This was fully authorized by the charter. City Charter, art. 14, sec. 15. (2) With' the preliminary proof of execution and assignment, the tax bill makes out a prima facie case.

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Appeal from the Clay Circuit Court. — Hon. James M. Sandusky, Special Judge. (1) The execution of this tax bill by Maloney, chief clerk of the board of public works, was shown. This was fully authorized by the charter. City Charter, art. 14, sec. 15. (2) With' the preliminary proof of execution and assignment, the tax bill makes out a prima facie case. City Charter, art. 14, sec. 18, top of page 90. (3) Defendant contends that the ordinance which authorized the grading was passed at a special session of the council and hence .void. We submit that the question has been decided by the court of…

1Opinion of the CourtGill, J.

This an action to enforce certain tax bills, issued in April, 1891, for grading a portion of Locust street in Kansas City. The cause was tried in the circuit court of Clay county, resulting in a finding and judgment for defendant and plaintiff appealed.

Among other defenses urged to defeat these tax bills, we think one is irresistible, it was contended below, and again here, that the tax bills are illegal, because the computation of the cost of the improvement and apportionment thereof against the property charged therewith, was not in conformity with the provisions of the city charter.

The…

2Cases cited2 opinions

  1. Forry v. RidgeMissouri Court of Appeals · 1894
  2. Stifel v. Southern Cooperage Co.Missouri Court of Appeals · 1889

3Cited by11 opinions

  1. McQuiddy v. BrannockMissouri Court of Appeals · 1897
  2. Neil v. RidgeSupreme Court of Missouri · 1909
  3. City of Trenton ex rel. Gardner v. CollierMissouri Court of Appeals · 1897
  4. Dollar Savings Bank v. RidgeSupreme Court of Missouri · 1904
  5. Dollar Savings Bank v. RidgeMissouri Court of Appeals · 1895

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