City of Sedalia ex rel. Sedalia National Bank v. Gold
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. (1) The statute under which the work was done, requires that the special tax be levied by an ordinance, passed after the completion of the work. The failure of the council, to levy and assess the special tax by the passage of an ordinance describing each piece of property, giving the name of the owner thereof and the amount with which each lot is charged, renders the taxbills invalid.
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Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. (1) The statute under which the work was done, requires that the special tax be levied by an ordinance, passed after the completion of the work. The failure of the council, to levy and assess the special tax by the passage of an ordinance describing each piece of property, giving the name of the owner thereof and the amount with which each lot is charged, renders the taxbills invalid. See sec. 108, page 90, Acts of 1893; City of Nevada ex rel. v. Eddy, 123 Mo. 546; City, etc., v. Mastín, 62 Mo. App. 647; City, etc., v. Jackson,…
1Opinion of the CourtBro Andes, J.
— On July 29, 1897, the plaintiff as the assignee of White Brothers, instituted this suit in the circuit court of Pettis county to enforce a lien upon a certain lot of the defendant situated on Main street in the city of Sedalia, Missouri. The petition declares on these special taxbills in three different counts. The taxbills were issued payable in one, two and three years, and each bill was for the sum of $41.33 1-3 cents, and were assigned to the plaintiff bank on the ninth day of October, 1894. It appears that the city of Sedalia is a city of the third class. In August, 1893, the said city…
2Cases cited7 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Reed v. OwnbySupreme Court of Missouri · 1869
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1898
- Long v. LongSupreme Court of Missouri · 1883
- Handlin v. Morgan CountySupreme Court of Missouri · 1874
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- McNamara v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1907
- Fowle v. . HamSupreme Court of North Carolina · 1918
- Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908
- Montana Horse Products Co. v. Great Northern Railway Co.Montana Supreme Court · 1932