Parker-Washington Co. v. Clinton
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The suit being strictly in rem and the defendants having parted with all interest in the property years before the trial and the subsequent owners, whoever they Avere, having defaulted, it was not competent for the original defendants or their attorneys to be heard in the matter of the validity of the bill. Hunter v. Bank, 158 Mo. 270; Paving Co. v. Young, 94 Mo.
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Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The suit being strictly in rem and the defendants having parted with all interest in the property years before the trial and the subsequent owners, whoever they Avere, having defaulted, it was not competent for the original defendants or their attorneys to be heard in the matter of the validity of the bill. Hunter v. Bank, 158 Mo. 270; Paving Co. v. Young, 94 Mo. App. 204. (2) Aside from the question of the right of the defendants or their counsel to contest the validity of the bill, the bill is valid on the evidence…
1Opinion of the CourtEllison, J.
This action was brought to enforce the lien of taxbills for street paving. The judgment in the trial court was for the defendant.
The bills here are of the same series and for the same paving as those involved in Independence v. Knoepker, 134 Mo. App. 601. In that case it was shown that the ordinance authorizing the paving referred to and made certain partial specifications on file with the city clerk, a part of the specifications,- and thereby became a part of the ordinance. These specifications required bids for the work to be accompanied by a formula. This formula provided for a principal,…
2Cases cited10 opinions
- Mellen v. Moline Malleable Iron WorksSupreme Court of the United States · 1889
- Holloway v. HollowaySupreme Court of Missouri · 1890
- Turner v. EdmonstonSupreme Court of Missouri · 1908
- Turner v. BabbSupreme Court of Missouri · 1875
- O'Reilly v. NicholsonSupreme Court of Missouri · 1869
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