City of St. Louis v. St. Louis Transfer Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The allegation that section 1708 of the Revised Ordinances of 1900 “was at all times mentioned herein in full force and effect” is the averment of a mere conclusion of law, and therefore was not admitted, either by the demurrer, or by the admission made in open court of the truth of the averments of fact.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The allegation that section 1708 of the Revised Ordinances of 1900 “was at all times mentioned herein in full force and effect” is the averment of a mere conclusion of law, and therefore was not admitted, either by the demurrer, or by the admission made in open court of the truth of the averments of fact. Knapp, Stout & Co. v. St. Louis, 156 Mo. 352; State ex rel. v. Aloe, 152 Mo. 476; Bradley v. Franklin County, 65 Mo. 639. (2) Section 1708 of the Revised Ordinances of 1900 was not, at the time of its passage, or…
1Opinion of the CourtGraves, J.
— This is an action by the city of St. Louis to recover from the defendant corporation certain license taxes, upon vehicles operated by it in the city of St. Louis, for the years 1905, 1906, 1907, 1908, 1909, and 1910. The petition contains a count for each year. The first count of the petition is thus outlined in defendant’s abstract: •
*479The first count of the petition alleges the incorporation of the parties, plaintiff and defendant; that the defendant at all times mentioned in the petition owned and used in the streets and public highways of the plaintiff the number and kinds of vehicles…
2Cases cited17 opinions
- State v. BockstruckSupreme Court of Missouri · 1896
- City of Tarkio v. CookSupreme Court of Missouri · 1894
- City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
- State v. ClarkeSupreme Court of Missouri · 1873
- State ex inf. Hadley v. WashburnSupreme Court of Missouri · 1902
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3Cited by4 opinions
- City of St. Peters, Missouri v. Bonnie A. RoederSupreme Court of Missouri · 2015
- State Ex Rel. Penrose Investment Co. v. McKelveySupreme Court of Missouri · 1923
- Ver Standig v. St. Louis Union Trust Co.Supreme Court of Missouri · 1936
- City of St. Peters, Missouri v. Bonnie A. RoederSupreme Court of Missouri · 2015