Gallaher v. Smith
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The certified tax bill in any action thereon shall be prima facie evidence of the validity of the bill, of the doing of the work, and of the furnishing of the materials charged for, and of the liability of the property to be charged, stated in the bill. 1 Revised Statutes, 1889, sec. 1407; Keith v. Bingham, 100 Mo. 300; Reman v. Payne, 27 Mo. App. 481; AdJcins v. Railroad Co., 36 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The certified tax bill in any action thereon shall be prima facie evidence of the validity of the bill, of the doing of the work, and of the furnishing of the materials charged for, and of the liability of the property to be charged, stated in the bill. 1 Revised Statutes, 1889, sec. 1407; Keith v. Bingham, 100 Mo. 300; Reman v. Payne, 27 Mo. App. 481; AdJcins v. Railroad Co., 36 Mo. App. 652; Ess v. Bonton, 64 Mo. 105; Stifel v. Dougherty, 6 Mo. App. 441; Wand v. Creen, 7 Mo. App. 82; Seibert v. Allen, 61 Mo. 482. (2)…
1Opinion of the CourtGill, J.
Plaintiff, as contractor with the city of St. Joseph, constructed a second-class sidewalk on Sixteenth street in said city, and in front of five lots owned by defendant Smith. In payment the contractor received five special tax bills; and it was to enforce the same against defendant’s lots this action was brought. The trial court held the ordinance providing for the work, to be invalid, for the alleged reason that it is not therein provided of what materials the walk should be built, etc. From a judgment in defendant’s favor, plaintiff appealed.
The special ordinance providing for the work…
2Cases cited2 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Ruggles v. CollierSupreme Court of Missouri · 1869
3Cited by5 opinions
- City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
- Richardson v. City of OmahaNebraska Supreme Court · 1905
- City of Rich Hill v. DonnanMissouri Court of Appeals · 1900
- Wills v. BurbankMissouri Court of Appeals · 1914
- Ferguson v. CableSupreme Court of Kansas · 1911