36 Mo. 465 | Mo. | 1865
delivered the opinion of the court.
This was a suit upon a certified tax bill for paving an alley in the City of St. Louis, under an act entitled “An act supplementary to the several acts incorporating the City of St. Louis,” approved January 16,1860, which provided that the contractor for the work, to whom the certified bill should be delivered, when made out and certified by the city engineer, should proceed to collect the same “ by ordinary process of law,” in the name of the city to his own use. The previous act of March 5, 1855, had provided that “ such lien may be enforced by a special tax, levy and sale, or also by proceed
It was further objected that the plaintiff Decker, as assignee of the certified tax bill from the administratrix of Paul Buol, deceased, could not maintain the action upon it. It appears that the work was done by him under the contract for the administratrix, and that after it was done, and after the certified bill/liad been delivered to her, she assigned it to him, and authorized him to receipt for the money in her name. The certified bill was made out to Ursula Buol, administratrix of Paul Buol, deceased; the certified bill recognizes her as the contractor who performed the work, and the mere fact that it describes her as administratrix is immaterial. Her assignment of the bill may be regarded as an assignment of the cause of action, and it vested in him the whole equitable interest in the demand.
For want of jurisdiction in the court, the judgment will be reversed and the suit dismissed.