Legal Opinion

City of St. Louis v. Brinckwirth

Supreme Court of Missouri

Decided May 29, 1907PublishedCited by 18 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) It was admitted that the defendants Brinckwirth and Nolker were not named as parties to the case of City v. Hamilton et al.; that they were not served personally or by copy or by ordinary order of publication, and that the only jurisdiction of the court in that case over said defendants or their property was obtained by the city counsellor’s notice, dated December 13, 1895. If that notice is…

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Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) It was admitted that the defendants Brinckwirth and Nolker were not named as parties to the case of City v. Hamilton et al.; that they were not served personally or by copy or by ordinary order of publication, and that the only jurisdiction of the court in that case over said defendants or their property was obtained by the city counsellor’s notice, dated December 13, 1895. If that notice is invalid, as against them, then the assessment against their property is null and void. City v. Ranken, 96 Mo. 507; Michael v.…

1Opinion of the CourtGraves, J.

This is an action by the city of St. Louis against Louis Brinckwirth and William F. Nolker, upon two taxbills issued for assessed benefits *286against two tracts of land owned by them in City Block No. 3788, in the city of St. Lonis. The petition is in two counts. Answer, general denial. In the lower court plaintiff had judgment upon each count, and defendants appealed. After the cause reached this court, the defendant (appellant) William F. Nolker, died, and his death was suggested by his co-appellant, Brinckwirth, and the cause proceeded as the suit of such surviving appellant, under the…

2Cases cited3 opinions

  1. City of St. Louis v. RankenSupreme Court of Missouri · 1888
  2. Eyssell v. City of St. LouisSupreme Court of Missouri · 1902
  3. City of St. Louis v. Annex Realty Co.Supreme Court of Missouri · 1903

3Cited by18 opinions

  1. City of Dallas v. Firestone Tire & Rubber Co.Court of Appeals of Texas · 1933
  2. City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1935
  3. Schwab v. City of St. LouisSupreme Court of Missouri · 1925
  4. City of St. Louis v. Franklin BankSupreme Court of Missouri · 1943
  5. Kansas City v. FieldSupreme Court of Missouri · 1917

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