Burress v. Spring
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. D. E.~ Blair, Judge. (1) The special finding of facts made by the court is not conclusive where the record does not contain evidence sufficient to support such findings. De Soto v. Insurance Co., 102 Mo. App. 1; Freeman v. Hemingway, 75 M'o. App. 617; Nichols v. Carter, 49 Mo. App. 401; Kansas City Gro. Co. v. McDonald, 118 Mo.
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Appeal from Jasper Circuit Court. — Hon. D. E.~ Blair, Judge. (1) The special finding of facts made by the court is not conclusive where the record does not contain evidence sufficient to support such findings. De Soto v. Insurance Co., 102 Mo. App. 1; Freeman v. Hemingway, 75 M'o. App. 617; Nichols v. Carter, 49 Mo. App. 401; Kansas City Gro. Co. v. McDonald, 118 Mo. App. 471; Fitzpatrick v. Weber, 168 Mo. 572. (2) The finding of facts must conform to the pleadings, issues and proof. New England Trust Co. v. Browne, 157 Mo. 116; Lewis v. Muse, 130 Mo. App. 194; Sutter v. Roder, 149 Mo. 307;…
1Opinion of the CourtGray, J.
This is an action on two special tax-bills, issued to the plaintiff on March 13, 1908, by the city of Joplin, a city of the third class, for paying Wall street in said city, from Third to Sixth streets.
The appellant was the contractor and is the owner of the taxbills, and the respondent is the owner of lots abutting upon the part of the street paved. The petition is in the usual form, and a prima-facie case for appellant was made. The issues .were upon the answer, alleging defects in the proceedings prior to the execution of the contract for the improvement, and a failure to substantially…
2Cases cited4 opinions
- Loewen v. ForseeSupreme Court of Missouri · 1897
- Snuffer v. KarrSupreme Court of Missouri · 1906
- Nichols v. CarterMissouri Court of Appeals · 1892
- Freeman v. HemenwayMissouri Court of Appeals · 1898
3Cited by2 opinions
- Schreck v. ParkerMissouri Court of Appeals · 1965
- Miners Bank v. BurressMissouri Court of Appeals · 1912