City of St. Louis v. Richeson
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The charter in so far as it permits “ benefits ” to be assessed by special tax-bills, in street opening proceedings, against the property of persons who have no notice of the proceedings, and no opportunity to be heard therein, is clearly unconstitutional and void. Charter, art. 6; 2 R. S. 1879, pp. 1606,1607, § 2 et seq; Stuart v. Palmer, 74 N. Y. 183; Mo.
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Appeal from St. Louis Court of Appeals. The charter in so far as it permits “ benefits ” to be assessed by special tax-bills, in street opening proceedings, against the property of persons who have no notice of the proceedings, and no opportunity to be heard therein, is clearly unconstitutional and void. Charter, art. 6; 2 R. S. 1879, pp. 1606,1607, § 2 et seq; Stuart v. Palmer, 74 N. Y. 183; Mo. Const., art. 2. §§ 30, 21; State v. City, 67 Mo. 113 ; State v. Jersey City, 4 Zabr. (24 N. J. L.) 662; May Co. v. Barr, 57 Mo. 290. Even the power of general taxation (and a fortiori of special…
1Opinion of the CourtRay, J.
This is a suit to enforce the payment of a special tax assessed against a lot of the defendants, in the city of St. Louis, which, as alleged, is especially benefited by certain improvements, authorized by the city under its charter, and which assessment, by its charter, is made a lien upon the property so charged. The assessment was made in the coui’se of certain proceedings in the St. Louis circuit court, authorized by its charter for that purpose, and entitled: “ The City of St. Louis, plaintiff, against JD. Signiago et al., defendants.” The provisions of the charter authorizing such…
2Cases cited11 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
- Stuart v. . PalmerNew York Court of Appeals · 1878
- McMillen v. AndersonSupreme Court of the United States · 1877
- Twitchell v. CommonwealthSupreme Court of the United States · 1869
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3Cited by6 opinions
- City of St. Louis v. RankenSupreme Court of Missouri · 1888
- Embree v. Kansas City & Liberty Boulevard Road DistrictSupreme Court of Missouri · 1914
- Fay v. City of SpringfieldU.S. Circuit Court for the District of Western Missouri · 1899
- Mudd v. WehmeyerSupreme Court of Missouri · 1929
- City of Kansas v. HulingSupreme Court of Missouri · 1885
1 more not listed; retrieve them via the Exa API.