City of St. Joseph ex rel. Swenson v. Forsee
Missouri Court of Appeals
Error to Buchanan Circuit Court. — How. A. M. Wood-son, Judge. (1) The chief question presented by this record involves the validity of a sewer bill, issued against and in the name of a dead person, whom the officer knew to he dead, and while he in fact knew who was the owner of the property described in it.
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Error to Buchanan Circuit Court. — How. A. M. Wood-son, Judge. (1) The chief question presented by this record involves the validity of a sewer bill, issued against and in the name of a dead person, whom the officer knew to he dead, and while he in fact knew who was the owner of the property described in it. R. S. 1899, sec. 5686. (2) Is this statute mandatory, or merely directory? If mandatory, then a taxbill made out, as in this case, against a dead person, whom the engineer knew to be dead, and who by no possibility could be the owner, is absolutely void, and not amendable. In such…
1Opinion of the CourtBroaddus, J.
— This is a suit upon a taxbill issued against Amanda Corby as the owner of the property sought to be charged with the lien for work done by Peter Swenson in the construction of a sewer in the city of St. Joseph, Missouri. At the time the contract for the work was let the title to the property in *129question — as it appeared by tbe records — was in said Anaanda Corby, but tbe fact was that sbe had died previously thereto and tbe same bad descended to tbe defendant who was her sole heir at law.
On tbe trial tbe taxbill was introduced in evidence over tbe objections of tbe defendant. Tbe ground of…
2Cases cited9 opinions
- Vance v. CorriganSupreme Court of Missouri · 1883
- Payne v. LottSupreme Court of Missouri · 1886
- Smith v. BarrettMissouri Court of Appeals · 1890
- Vieths v. Planet Property & Financial Co.Missouri Court of Appeals · 1895
- Cowell v. GraySupreme Court of Missouri · 1884
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3Cited by5 opinions
- Siemer v. Schuermann Building & Realty Co.Supreme Court of Missouri · 1964
- City of St. Joseph ex rel. Gibson v. ForseeMissouri Court of Appeals · 1905
- McCormick v. CloptonMissouri Court of Appeals · 1910
- City of St. Joseph ex rel. Swenson v. ForseeMissouri Court of Appeals · 1906
- Barrie v. the Richmond CemeteryMissouri Court of Appeals · 1926