O'Meara v. Green
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The court erred in its application of the law as decided in this case when here before. 0’Meara v. Oreen, 16 Mo. App. 118. All. are abutting owners, whose property lies between the termini mentioned in the ordinance, and contribute proportionally to the cost of the whole work. Eyermann r>. Hardy, 8 Mo. App. 311; Kemper r>. King, 11 Mo.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The court erred in its application of the law as decided in this case when here before. 0’Meara v. Oreen, 16 Mo. App. 118. All. are abutting owners, whose property lies between the termini mentioned in the ordinance, and contribute proportionally to the cost of the whole work. Eyermann r>. Hardy, 8 Mo. App. 311; Kemper r>. King, 11 Mo. App. 117. The special tax bill is prima facie evidence of the facts necessary to establish the plaintiff’s case. Ward v. Oreen, 7 Mo. App. 82.
1Opinion of the CourtThompson, J.
This cause was before this court on a former appeal, and it is reported in 16 Mo. App. 118. On being' *199remanded to the circuit court, it was again tried by the court, sitting as a jury, and a verdict and judgment were rendered for the defendant. The evidence was substantially the same as on the previous trial — perhaps a little fuller and more explicit on both sides. It does not seem necessary to re-state it in detail. It showed, substantially, that an ordinance of the city of- St. Louis, numbered 11,777, authorized the improvement of Washington avenue, from the old city limits, which were'…
2Cases cited1 opinion
- O'Meara v. GreenMissouri Court of Appeals · 1884
3Cited by3 opinions
- Stoll v. StollCalifornia Supreme Court · 1936
- Noel v. SummitMissouri Court of Appeals · 1912
- Baldwin v. SpringfieldClarke County Court of Common Pleas · 1910