City of St. Louis v. Bell Place Realty Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The separate judgments for benefit assessments and order for issuance of executions thereon were void. St. Louis v. Brinckwirth, 204 Mo. 280’. This invalidity of these constituent elements of the judgment nullifies the whole record entry which is an entirety.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The separate judgments for benefit assessments and order for issuance of executions thereon were void. St. Louis v. Brinckwirth, 204 Mo. 280’. This invalidity of these constituent elements of the judgment nullifies the whole record entry which is an entirety. State ex rel. v. Grill, 84 Mo. 248'. (2) Ordinance 24,085 either provides for a boulevard, in which case appellants’ lands cannot be assessed because not within the benefit district fixed by charter (Charter, sec. 1, art. 6); or is so ambiguous that the doubt…
1Opinion of the CourtBrown, J.
This is an action to condemn lands for a street in the city of St. Louis, and to assess benefits against other lands to cover the" damages arising from such condemnation.
The appellants own lands against which benefits have been assessed, but their lands do not front or border upon the proposed street. Appellants did not enter their appearance in the action wherein alleged benefits were assessed against their lands until final judgment had been entered against them. Within four days after the entry of judgment they filed a motion to arrest said judgment, because:
*131(1) The ordinance of the city…
2Cases cited23 opinions
- In Re Compelling Payment of Tax Upon Property Given by the Will of EnstonNew York Court of Appeals · 1889
- United States v. WigglesworthU.S. Circuit Court for the District of Massachusetts · 1842
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
- George v. MiddoughSupreme Court of Missouri · 1876
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3Cited by10 opinions
- State ex rel. City of Memphis v. HackmanSupreme Court of Missouri · 1918
- Schwab v. City of St. LouisSupreme Court of Missouri · 1925
- State Farm Mutual Automobile Insurance Co. v. StockleyMissouri Court of Appeals · 2005
- City of Raytown v. KempSupreme Court of Missouri · 1961
- Albers v. City of St. LouisSupreme Court of Missouri · 1916
5 more not listed; retrieve them via the Exa API.