City of St. Louis v. Provenchere
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hou. G. W. Lubice, Judge. The only questions presented for consideration in this court, are: (1) If benefits are duly assessed against certain lots, are said lots liable to a special judgment in an action duly brought against the owners of said lots at the time of bringing and prosecuting suit ? (2) Where a tract of ground comprising several lots, owned by the same persons is unimproved and uninclosed, although regularly platted in…
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Appeal from St. Louis City Circuit Court. — Hou. G. W. Lubice, Judge. The only questions presented for consideration in this court, are: (1) If benefits are duly assessed against certain lots, are said lots liable to a special judgment in an action duly brought against the owners of said lots at the time of bringing and prosecuting suit ? (2) Where a tract of ground comprising several lots, owned by the same persons is unimproved and uninclosed, although regularly platted in lots, may it be assessed in gross for benefits as one lot? The city charter provides, as an answer to the first…
1Opinion of the CourtBrace, J.
This action was brought upon a special tax bill to recover the amount of benefits assessed in gross upon several contiguous lots of the defendants upon the opening of a street in the city of St. Louis. The case was tried by the court without a jury, and the law of the case was declared as follows:
“The court declares the law to be, that if the lot or tract of ground described in plaintiff’s petition as charged with said special tax bill, and against which said assessment was made, and against which said bill was issued, is composed, and at and before all the times mentioned in plaintiff’s…
2Cases cited6 opinions
- County Commissioners v. Union Mining Co.Court of Appeals of Maryland · 1884
- Kemper v. KingMissouri Court of Appeals · 1881
- Nason v. RickerSupreme Judicial Court of Maine · 1873
- Miller v. AnheuserMissouri Court of Appeals · 1877
- Hapgood v. MortenSupreme Court of Kansas · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Grandy v. CaseySupreme Court of Missouri · 1887