Kansas City ex rel. Neill v. Askew
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. J. E. Slover, Judge. (1) At the close of the evidence, the record shows that the case was submitted to the court upon the request made by the defendant for the court to find and declare that under the law and the evidence, the plaintiff was not entitled to recover. Upon what theory of the law, or upon what view of the facts the trial court proceeded, can not now be ascertained.
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Appeal from Jackson Circuit Court. — Eon. J. E. Slover, Judge. (1) At the close of the evidence, the record shows that the case was submitted to the court upon the request made by the defendant for the court to find and declare that under the law and the evidence, the plaintiff was not entitled to recover. Upon what theory of the law, or upon what view of the facts the trial court proceeded, can not now be ascertained. Such being the case, this court and the Supreme Court, have frequently held that there is nothing for review. Ins. Co. v. Stone, 42 Mo. App. 383; Hernán v. Gerardi, 96 Mo. App.…
1Opinion of the CourtEllison, J.
This action was brought to enforce a special taxbill against defendant’s property in West-port, a city of the fourth class. At the close of the evidence the tHal court gave a declaration that the plaintiff was not entitled to recover. By the terms of sec*86tion. 5989, Revised Statutes 1899, the city council of Westport was authorized to contract for curbing and paving streets and to make the expense thereof a charge against the abutting property. To do so the council was first required to declare by a published resolution that such work was deemed necessary. If the street to be paved had not…
2Cases cited4 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Fay v. ReedCalifornia Supreme Court · 1900
- City of Kirksville ex rel. Fleming Manufacturing Co. v. ColemanMissouri Court of Appeals · 1903
- Stone v. SpencerSupreme Court of Missouri · 1883
3Cited by8 opinions
- Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
- Hildreth v. City of LongmontSupreme Court of Colorado · 1909
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- City of Joplin ex rel. McKee v. FreemanMissouri Court of Appeals · 1907
- Smith v. City of WestportMissouri Court of Appeals · 1904
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