Municipal Securities Corp. v. Kansas City
| Decision Date | 31 May 1916 |
| Docket Number | No. 17617.,17617. |
| Citation | 186 S.W. 989 |
| Parties | MUNICIPAL SECURITIES CORP. v. KANSAS CITY. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Jackson County; O. A. Lucas, Judge.
Action by the Municipal Securities Corporation against the City of Kansas City. From a judgment for plaintiff, defendant appealed to the Kansas City Court of Appeals, and the case was transferred to the Supreme Court. Ordered to be retransferred to the Kansas City Court of Appeals.
See, also, 265 Mo. 252, 177 S. W. 856.
A. F. Evans and Jay M. Lee, both of Kansas City, for appellant. W. R. James and Scarritt, Scarritt, Jones & Miller, all of Kansas City, for respondent.
This is an action brought in the circuit court of Jackson county to recover the separate amounts alleged to be due plaintiff as assignee on three certain special sewer tax bills issued by defendant, Kansas City, to one Michael Walsh, the contractor who constructed the sewer and who assigned the bills to plaintiff for value when they were issued.
The petition was in six counts. The trial court dismissed counts 1, 3, and 5; hence counts 2, 4 and 6 are alone material to a determination of the matter at issue. The general allegations of these counts are the same, differing only as to amounts and the descriptions of the property therein. Their material averments are: That upon the completion of the sewer by Walsh the city approved and accepted his report thereon, and apportioned and levied the cost of the work, and issued special tax bills as evidence of an assessment against each lot, describing it. That subsequently an ordinance was enacted by Kansas City to condemn certain property, including that described in the tax bills. That said property, including the lots described in the tax bills, was appraised and condemned for park purposes, and said proceeding was confirmed by the circuit court of Jackson county. That the awards thus made were paid in part to the owners of the fee in said property, including the lots described in the tax bills, and a part retained by the city. That said real estate is now the property of the defendant, is in its possession, and that defendant, by appropriating the land to public use and by the payment of the proceeds thereof to other persons, without paying the said claims of the plaintiff, has deprived the plaintiff of its property in said tax bills without due process of law, in contravention of both the federal and state Constitutions. The answer is substantially a general denial and plea of estoppel by reason of the judgment in the condemnation suit.
The case was tried by the court without a jury, and a general finding upon counts 2, 4, and 6, for the money due on each of said tax bills, respectively, was in favor of the plaintiff, and judgment was entered accordingly, from...
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Juengel v. City of Glendale
... ... P. Co. v. Allen ... et al., 340 Mo. 44, 100 S.W.2d 868; Municipal ... Securities Corp. v. Kansas City, Mo.Sup., 186 S.W. 989 ... This is ... ...
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Juengel v. City of Glendale
...332 Mo. 1173, 61 S.W.2d 744; State ex rel. Missouri E. P. Co. v. Allen et al., 340 Mo. 44, 100 S.W.2d 868; Municipal Securities Corp. v. Kansas City, Mo.Sup., 186 S. W. 989. This is especially true of a case presenting a plurality of issues, some involving a constitutional construction and ......
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McGill v. City of St. Joseph
... ... against plaintiffs. The answer admits that defendant is a ... municipal corporation, that it passed and is attempting to ... enforce the ... In ... Municipal Securities Corp. v. Kansas City, 186 S.W ... 989, which in this regard was similar ... ...
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McGill v. City of St. Joseph
...any constitutional question adversely to appellant." It was held that this court was without jurisdiction. In Municipal Securities Corp. v. Kansas City, 186 S. W. 989, which in this regard was similar to the instant case, we held that appellate jurisdiction was in the Court of Appeals. See,......