Chapman v. Adams
Missouri Court of Appeals
Appeal from the Circuit Court of Butler County. — Hon. Almon Ing, Judge. (1) Any facts establishing the invalidity of the proceedings or any other fact or facts made prima-facie evidence by the introduction of the tax bill may be shown under a general denial. In fact, it is the only proper answer where the declaration counts upon a tax bill to show that the preliminary proceedings never ripened into a valid tax bill. Cushing v. Powell, 130 Mo.
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Appeal from the Circuit Court of Butler County. — Hon. Almon Ing, Judge. (1) Any facts establishing the invalidity of the proceedings or any other fact or facts made prima-facie evidence by the introduction of the tax bill may be shown under a general denial. In fact, it is the only proper answer where the declaration counts upon a tax bill to show that the preliminary proceedings never ripened into a valid tax bill. Cushing v. Powell, 130 Mo. App. 576; State ex rel. v. Rau, 93 Mo. 130; Jones v. Rusch, 156 Mo. 364; .City of Chillieothe v. Meek, 136 Mo. App. 468; City of Poplar Bluff v. Bacon,…
1Opinion of the CourtBradley, J.
Plaintiff sued in separate counts on nine tax bills issued by Poplar Bluff, a city of the third class, to the Bell-Hudson Construction Company for the construction of a sewer in said city. The tax bills were assigned by the construction company to the Farmers Savings Bank, and by the bank to plaintiff. The cause was tried below before the court without a jury, and plaintiff had judgment, and defendants appealed. The appeal was granted to the Supreme Court, and by that court transferred to this court. [Chapman v. Adams et al., 230 S. W. 80.]
The petition is in the nsnal form, and the answer is…
2Cases cited6 opinions
- West Chicago Park Commissioners v. McMullenIllinois Supreme Court · 1890
- People ex rel. Miller v. BrislinIllinois Supreme Court · 1875
- Embree v. Kansas City & Liberty Boulevard Road DistrictSupreme Court of Missouri · 1914
- Wilson v. City of SeattleWashington Supreme Court · 1891
- Pennsylvania Co. v. ColeU.S. Circuit Court for the District of Indiana · 1904
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3Cited by2 opinions
- Broderick v. Mayor of BostonMassachusetts Supreme Judicial Court · 1978
- Dudley v. City of CambridgeMassachusetts Supreme Judicial Court · 1964