West v. Porter
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The notice required to be filed with the city treasurer (Charter and revised ordinances, Kansas City, sec. 18, art. 9, page 152), is not jurisdictional, but is directory merely, and a substantial compliance with the requirement of the charter in that respect is sufficient. Sears v. Burnham, 17 N. Y. 448; State ex rel.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The notice required to be filed with the city treasurer (Charter and revised ordinances, Kansas City, sec. 18, art. 9, page 152), is not jurisdictional, but is directory merely, and a substantial compliance with the requirement of the charter in that respect is sufficient. Sears v. Burnham, 17 N. Y. 448; State ex rel. Hamilton v. Eailroad,’ 113 Mo. 297; Sedg. on Constr. of Statutory and Constitutional Law, pp. 316, 317, 318; Dwarris on Statutes, pp. 608, 611; Beck v. Allen, 58 Miss. 156; Counties v. Eailroad, 65 Ala. 394; Pand…
1Opinion of the CourtEllison, J.
This is an action on a special taxbill. The judgment in the trial court- was for defendant. It appears that in giving the written notice of this suit, which was begun before a justice of the peace, plaintiff stated therein that the suit was begun on the fourteenth of September, 1898, when it was in fact begun on the twenty-first day o'f that month and year. The trial court held in support of defendant’s contention, that the notice was insufficient and that no lien could be enforced against defendant’s land.
A written notice of this suit is directed by the charter of Kansas Oity. The following…
2Cases cited3 opinions
- Smith v. BarrettMissouri Court of Appeals · 1890
- Guinotte v. EgelhoffMissouri Court of Appeals · 1896
- Security Savings Trust Co. v. DonnellMissouri Court of Appeals · 1895