McCutcheon v. Pacific Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The statutes of this state make taxes of every nature a lien upon the property of railroads assessed therewith, and authorize a fragmentary sale of the road to compel payment of taxes. R. S. 1889, secs. 7737, 7739, 7742, 7743. (2) Special taxes come within the meaning of sections 7737 and 7739. City v. Gates, 110 Mo. 374; Keith v. Bingham, 100 Mo. 300..
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Appeal from the Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) The statutes of this state make taxes of every nature a lien upon the property of railroads assessed therewith, and authorize a fragmentary sale of the road to compel payment of taxes. R. S. 1889, secs. 7737, 7739, 7742, 7743. (2) Special taxes come within the meaning of sections 7737 and 7739. City v. Gates, 110 Mo. 374; Keith v. Bingham, 100 Mo. 300.. (3) The cases holding that there can be no fragmentary sale of a railroad under a mechanic’s lien claim are misleading when applied to cases where it is sought.to enforce…
1Opinion of the CourtSmith, P. J.
STATEMENT This is an action to subject to the payment of a special tax bill that part of lots in Kansas City numbered 14, 15, 16 and 17 of West Kansas Addition, lying between Santa Fe street and an alley, and fronting seventy-eight feet on said street. This part of said lots is mainly occupied by two main tracks and three side tracks of the defendant, the Missouri Pacific Railroad Company. The tax bill was issued for paving said street. The said railroad tracks cross said street at an angle of about forty-five degrees. The two main line tracks are located in the center with one of the side…
2Cases cited19 opinions
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- Sheehan v. Good Samaritan HospitalSupreme Court of Missouri · 1872
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- First State Bank v. HammondMissouri Court of Appeals · 1907
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