City of Springfield ex rel. Bank of Commerce v. Baxter
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Son. Guy D. Kirby,' Judge. (1) The unlawful use or taking of property cannot be set up as a defense in an action on a special tax bill.
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Appeal from Greene County Circuit Court. — Son. Guy D. Kirby,' Judge. (1) The unlawful use or taking of property cannot be set up as a defense in an action on a special tax bill. Village v. Borden, 94 111. 26; Holmes v. Village, 121 111. 129,13 N. E. 540; Hunerburg v. Village, 130 111. 156, (22 N. E. 486); Maywood Co. v. Village, 29 N. E. 704; Jackson v. Smith, 22 1ST. E. 432; Palmer v. Stumph, 29 Ind. 329; McGill v. Bruner, 65 Ind. 421; Henderson v. Railroad, 78 N. Y. 423; Moore v. City of Albany, 98 N. Y. 396. (2) A substantial compliance with the ordinance providing for the improvement is…
1Opinion of the CourtFarrington, J.
This suit was brought by the plaintiff, Bank of Commerce, as assignee of a special tax bill issued by the city of Springfield, Missouri, for the construction of a first-class four-foot sidewalk. Judgment went for the defendant and the appeal is brought by the bank. The trial court made a finding of facts'which the appellant submits here as the case on which the question of the validity or invalidity of the tax bill depends. It may therefore serve as a complete statement of the case and is here set forth:
*43“The court finds that this is a suit on a special tax hill issued for the construction of…
2Cases cited26 opinions
- Palmer v. StumphIndiana Supreme Court · 1868
- Jackson v. SmithIndiana Supreme Court · 1889
- In Matter of Petition of CheesebroughNew York Court of Appeals · 1879
- Maywood Co. v. Village of MaywoodIllinois Supreme Court · 1892
- Village of Hyde Park v. BordenIllinois Supreme Court · 1879
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3Cited by6 opinions
- Pauls Valley Nat. Bank v. FossSupreme Court of Oklahoma · 1924
- Duckworth v. City of SpringfieldMissouri Court of Appeals · 1916
- Boatmen's Bank v. Semple Place Realty Co.Missouri Court of Appeals · 1919
- Granite Bituminous Paving Co. v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1932
- City of Birmingham v. Alabama Home Building & Loan Ass'nSupreme Court of Alabama · 1936
1 more not listed; retrieve them via the Exa API.