City of St. Louis v. Sieferer
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The grounds of the motion for new trial, mentioned in the opinion, are thus stated in the motion: 11First. The court erred in admitting improper and illegal evidence offered by defendant. “Second. The court erred in giving improper and illegal instructions asked by defendant. ‘ ‘ Third. The finding and judgment are against the evidence and weight of evidence. “Fou/rth.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The grounds of the motion for new trial, mentioned in the opinion, are thus stated in the motion: 11First. The court erred in admitting improper and illegal evidence offered by defendant. “Second. The court erred in giving improper and illegal instructions asked by defendant. ‘ ‘ Third. The finding and judgment are against the evidence and weight of evidence. “Fou/rth. The finding and judgment are against the law. 11 Fifth. The finding and judgment are against the law and the evidence, and against the law under the evidence.…
1Opinion of the CourtBarclay, J.
This action is to recover the amount of a special tax bill for benefits assessed on account of the opening of an avenue in the city of St. Louis.
Defendants put in issue the plaintiff’s alleged facts.
At the trial the circuit court excluded the tax bill, the basis of the action, and also the published notice to *665property-owners, which formed essential parts of the plaintiff’s case.
At the close of the hearing the court declared that upon the evidence adduced plaintiff was not entitled to recover.
That instruction was clearly correct as the testimony then stood. The only real question in the record…
2Cases cited4 opinions
- Hannibal & St. Joseph Railroad v. ClarkSupreme Court of Missouri · 1878
- German Savings Institution v. JacobySupreme Court of Missouri · 1888
- Giddings v. Phœnix InsuranceSupreme Court of Missouri · 1886
- Hill v. AlexanderSupreme Court of Missouri · 1883
3Cited by3 opinions
- Meddis v. KenneySupreme Court of Missouri · 1903
- City of St. Louis v. Annex Realty Co.Supreme Court of Missouri · 1903
- Bank of Atchison County v. ShackelfordMissouri Court of Appeals · 1896