Couch v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Sloven,, Judge. (1) Where money is paid through a mistake of fact, or even by a mistake of law mixed with a mistake of fact, the one so paying can recover. Snell v. Ins. Co., 98 U. S. 92; Swift Co. v. TI.
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Appeal from Jackson Circuit Court. — Hon. J. H. Sloven,, Judge. (1) Where money is paid through a mistake of fact, or even by a mistake of law mixed with a mistake of fact, the one so paying can recover. Snell v. Ins. Co., 98 U. S. 92; Swift Co. v. TI. S., Ill U. S. 30; Colton v. Lewis, 119 Ind. 183; Panic v. Upton, 87 N. Y. 327; Powell v. Board, 46 Wis. 213; Corrigan v. Tiernay, 100 Mo. 280; Kelly v. Sola/ri, 9 Mees & W. 54; Louisiana v. Wood, 102 U. S. 298. (2) The taxes in question were absolutely void because the city had no jurisdiction of the land taxed. Wells v. City, 22 Mo. 384;…
1Opinion of the CourtBrace, P. J.
This is an action to recover the amount of city taxes assessed and paid by plaintiff and *438bis assignors, in the year 1890, upon tbeir lands situate within the limits of Kansas City, as extended by an ordinance of said city, passed and approved by the legislative department thereof, on the fourth day of December, 1889, in pursuance of an act of the legislature, approved March 10, 1887, (Session Acts, 1887, p. 42), which ordinance, and the legislative provisions in said act authorizing it, was held by this court to be unconstitutional and void in the case of City of Westport v. Kansas City, 103…
2Cases cited1 opinion
- City of Westport v. Kansas CitySupreme Court of Missouri · 1890
3Cited by10 opinions
- American Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1905
- State Ex Rel. S. S. Kresge Co. v. HowardSupreme Court of Missouri · 1947
- Douglas v. Kansas CitySupreme Court of Missouri · 1898
- Broward County v. MattelDistrict Court of Appeal of Florida · 1981
- Irwin v. IrwinCourt of Appeals of Kentucky · 1899
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