Eyerman v. Payne
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Leroy 33. Valliant, Judge. The countersignature of the comptroller is necessary to the validity of a special tax bill. Prendergast v. Richards, 2 Mo. App. 190 ; Kiley v. Oppenheimer, 55 Mo. 374 ; s. c¡, 79 Mo. 448. Constitutive facts must be alleged and proved.
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Appeal from the St. Louis Circuit Court, Leroy 33. Valliant, Judge. The countersignature of the comptroller is necessary to the validity of a special tax bill. Prendergast v. Richards, 2 Mo. App. 190 ; Kiley v. Oppenheimer, 55 Mo. 374 ; s. c¡, 79 Mo. 448. Constitutive facts must be alleged and proved. That the ordinance (on which this whole proceeding rests) was passed on the recommendation of the board of public improvements, or on the petition of a majority of property holders, resident in the sewer district; that said sewer was made to connect with a public sewer or a natural course of…
1Opinion of the CourtThompson, J.
This was an action upon a special tax bill issued by the city of St. Louis to the plaintiff, for work and labor done and materials furnished in the construction of a sewer.
I. The first objection with which we have to deal is, that the petition states no cause of action. We are of opinion that this objection is not well taken. The reasons urged in support of this view are: (1) That it fails to allege that the ordinance which authorized the construction of the sewer was passed on the recommen*74dation of the board of public improvements, or on the petition. of a majority of property holders…
2Cases cited8 opinions
- Samuels v. SheltonSupreme Court of Missouri · 1871
- Eyermann v. ProvenchereMissouri Court of Appeals · 1884
- Eyerman v. BlakesleyMissouri Court of Appeals · 1883
- Prendergast v. RichardsMissouri Court of Appeals · 1876
- McClure v. WellsSupreme Court of Missouri · 1870
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3Cited by3 opinions
- Barber Asphalt Paving Co. v. Kihlberg Karlsbad Bath Co.Missouri Court of Appeals · 1909
- Boatmen's Bank v. Semple Place Realty Co.Missouri Court of Appeals · 1919
- Stifel v. Southern Cooperage Co.Missouri Court of Appeals · 1889