Legal Opinion

City of St. Louis ex rel. Seibert v. Allen

Supreme Court of Missouri

Decided March 15, 1873PublishedCited by 46 opinions

Appeal from St. Louis Circuit Court. I. The Court erred in rendering a personal judgment against the defendant, instead of a judgment in rem. The judgment ought always in these cases to he limited to the property condemned to pay the tax; — upon any other theory it may be ruinous to own inferior property on a street to be improved. II. The petition, sets out several distinct causes of action, and the verdict for an entire and gross' sum cannot be sustained.

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Appeal from St. Louis Circuit Court. I. The Court erred in rendering a personal judgment against the defendant, instead of a judgment in rem. The judgment ought always in these cases to he limited to the property condemned to pay the tax; — upon any other theory it may be ruinous to own inferior property on a street to be improved. II. The petition, sets out several distinct causes of action, and the verdict for an entire and gross' sum cannot be sustained. (Brownell vs. Pacific B. B., 47 Mo., 239.) III. If the bills were recoverable then the plaintiffs were entitled to recover interest…

1Opinion of the CourtVories, Judge

This action was brought by the respondents against the appellant in the Circuit Court of St. Louis County, to recover the amount of two several tax bills for work done by the respondents undera contract with the City of St. Louis, in curbing, guttering and macadamizing, done on what is called the Gravois road, in front of and adjoining certain lots of ground belonging to appellant, and upon which said lots said tax bill *46were assessed as a special tax under tlie charter and ordinance of the City of St. Louis.

There were two counts in the petition, one on each of the two tax bills.

It was…

2Cases cited14 opinions

  1. Taylor v. PalmerCalifornia Supreme Court · 1866
  2. Hill v. HigdonOhio Supreme Court · 1855
  3. Mooney v. KennettSupreme Court of Missouri · 1854
  4. Neenan v. SmithSupreme Court of Missouri · 1872
  5. City of Carondelet v. PicotSupreme Court of Missouri · 1866

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

3Cited by46 opinions

  1. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  2. Farrar v. City of St. LouisSupreme Court of Missouri · 1883
  3. Storrie v. CortesTexas Supreme Court · 1896
  4. Town of Macon v. PattyMississippi Supreme Court · 1879
  5. Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900

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

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