Heman v. Gilliam
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The court erred in refusing defendant’s sixth instruction. Defendant was allowed no opportunity to be heard as to the benefits to his property from the improvement made, and the assessment and taxbill issued therefor are in direct violation of the Constitution of the United States. U. S. Constitution, 14 Amendment, sec. 1; Wilson v. Trenton, 61 N. J. L. 599; 16 Am.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The court erred in refusing defendant’s sixth instruction. Defendant was allowed no opportunity to be heard as to the benefits to his property from the improvement made, and the assessment and taxbill issued therefor are in direct violation of the Constitution of the United States. U. S. Constitution, 14 Amendment, sec. 1; Wilson v. Trenton, 61 N. J. L. 599; 16 Am. St. Rep. 716; Ramish v. Hartwell, 58 Pac. 459; Hutchinson v. Storrie, 51 S. W. 848; Norwood v. Baker, 172 U. S. 269; Tidewater Co. v. Coster, 18 N. J. Eq. 518;…
1Opinion of the Court
BRACE, P. J
This is an appeal by the defendant from a judgment of the St. Louis City Circuit Court in favor of the plaintiffs for the sum of $22.75, in an action (commenced before a justice of the peace and taken by appeal to that court) on a properly certified special taxbill in words and figures as follows:
“Special Taxbill.
Office of
“President of Board of Public Improvement,
St. Louis, October 14,1897.
“John A. Gilliam (owner), To Aug. and John C. Heman (contractors), Dr.
“For work done on alley from Whittier street to Pendleton avenue, and between Delmar Blvd. and Morgan street. - Chargeable…
2Cases cited15 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900
- Neill v. GatesSupreme Court of Missouri · 1899
- Barber Asphalt Paving Co. v. RidgeSupreme Court of Missouri · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- City of St. Charles ex rel. Budd v. DeemarSupreme Court of Missouri · 1903
- Curtice v. SchmidtSupreme Court of Missouri · 1907
- Barber Asphalt Paving Co. v. MunnSupreme Court of Missouri · 1904
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- Fisher v. L. E. Whitham & Co.Texas Supreme Court · 1931
26 more not listed; retrieve them via the Exa API.