Legal Opinion

Barber Asphalt Paying Co. v. Kiene

Missouri Court of Appeals

Decided April 27, 1903PublishedCited by 1 opinion

Appeal from Jackson Circuit Court.— Hon. E. P. Gates, Judge. (1) The assessment for special tax was levied against twenty-seven feet of real estate and included in it a tract of land owned and occupied by appellants for twenty-one years, together 'with land owned by other parties, and was therefore void and all proceedings had to enforce special taxbills issued on such assessment were void.

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Appeal from Jackson Circuit Court.— Hon. E. P. Gates, Judge. (1) The assessment for special tax was levied against twenty-seven feet of real estate and included in it a tract of land owned and occupied by appellants for twenty-one years, together 'with land owned by other parties, and was therefore void and all proceedings had to enforce special taxbills issued on such assessment were void. Kansas City Charter 1889, sec. 6, p. 85; St. Louis v. Provenchere, 92 Mo. 69; State ex rel. v. Eailway, 114 Mo. 1; Barker v. Blake, 36 Me. 433; Cooley on Taxation, p. 400, 401; Nason v. Kicker, 63 Me. 381;…

1Opinion of the CourtSmith, P. J.

This case may be stated in about this way: The defendants were the owners of a lot in Kansas City bounded as follows, videlicet: Commencing at a point on the south line of Eighteenth street, thirty feet east of the northeast corner of lot 1, block 4, thence south parallel to Oak street one hundred feet, thence east parallel to Eighteenth street twenty-six feet; thence north parallel to Oak street one hundred feet to Eighteenth street, thence west along Eighteenth street twenty-six feet to the place of beginning, being a part of lots 1, 2, 3 and 4, block 4, of Evans addition to the City of…

2Cases cited8 opinions

  1. Schulenberg v. HarrimanSupreme Court of the United States · 1875
  2. Nichols v. StevensSupreme Court of Missouri · 1894
  3. Payne v. O'SheaSupreme Court of Missouri · 1884
  4. Stockton v. FordSupreme Court of the United States · 1856
  5. Evans v. AshleySupreme Court of Missouri · 1843

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. City of Memphis v. HillTennessee Supreme Court · 1919

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