Missouri Court of Appeals, 1911

City of Sedalia ex rel. Gilsonite Construction Co. v. Robbins

City of Sedalia ex rel. Gilsonite Construction Co. v. Robbins
Missouri Court of Appeals · Decided January 2, 1911 · Johnson
152 Mo. App. 290; 128 S.W. 1199; 1911 Mo. App. LEXIS 91

City of Sedalia ex rel. Gilsonite Construction Co. v. Robbins

Opinion of the Court

JOHNSON, J.

This is an action to enforce the lien of a special taxbill. The appeal is from a judgment in favor of plaintiff. We have been holding the case under advisement awaiting the decision of the Supreme Court in the case of City of Sedalia ex rel. v. John Montgomery, Jr., et al., which was certified by the St. Louis Court of Appeals to the Supreme Court (109 Mo. App. 197). The Supreme Court adopted the opinion of the St. Louis Court of Appeals and'the rule declared in that opinion determines adversely to the appellant the only substantial question in controversy *291in the present case. Other grounds are urged against the validity of the taxbills but they are not tenable.

Following the decision of the Supreme Court, we affirm the judgment.

All concur.

070rehearing

ON REHEARING.

Since our former opinion in this case, it has been reargued, but we have not been convinced that we were in error in what we then said. On the contrary we are fully confirmed as to our opinion by a late opinion of the Supreme Court in another case of the City of Sedalia ex rel. v. John Montgomery, Jr., et al., not yet reported.

Affirmed.

All concur.

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