31 Mo. 264 | Mo. | 1860
delivered the opinion of the court.
This was an action brought by the plaintiff, Shaffner, against the City of St. Louis, for the sum of $16,830, damages .to the plaintiff, assessed for opening South Twelfth street from Chouteau avenue to Gratiot street.
The amended charter of the city of St. Louis, approved February 23, 1853, and March 5, 1855, in relation to the opening and improving streets, section 4, enacts that it shall be the duty of the jury, first, to ascertain the actual value of the land proposed to be taken for the opening, widening, or altering of a lane, alley, street, avenue, wharf, or public
Conceding, as the plaintiff contends, that the damages he claims from the city have been assessed according to the foregoing provisions of the charter and of the ordinances passed in pursuance thereto, we cannot see the ground on which this action can be sustained. Certainly the charter only makes the city primarily liable for the damages assessed on account of the benefit that will result from the improvement to the public generally. The amount of those damages is $1,431.80. Ordinance 3477 prescribes the manner in which the stuns assessed to individuals as benefits, shall be collected by providing that judgments shall be rendered- by the mayor in the name of the city, on which executions shall issue directed to the city marshal, to be by him executed. Ordinance 3790 confirms the verdict of the jury in the matter of opening South Twelfth street, and the mayor is directed to have that street opened when the damages, amounting to the sum of $15,398.20, assessed to individual owners, shall be collected and paid into the treasury, to meet and defray the
Although, from the view we take of this matter, it is not necessary to determine the question whether the city can dispute the regularity of the proceedings of her agents in condemning the land of the plaintiff, as we are of the opinion that had the regularity of the assessment been beyond question she would not have been liable to this action ; yet, as other suits have grown out of this assessment, and as the matter has been discussed, we deem it advisable, with a view of ending all the litigation arising from this source, to give an opinion in relation to the propriety of the proceedings had for condemning the land of the plaintiff.
Proceedings to deprive an individual of his property without his consent, or to impose a tax against his will, are stricti juris, and those who take them should see not only that they have a foundation in law for their beginning, but that they are also conducted in strict conformity to the requirements of the statute which authorizes them. This is a clear principle of our law, and its observance is necessary even from prudential considerations, were it not recommended by others of more weight. By ordinance 3548 the mayor was empowered and directed to open South Twelfth street in accordance with the requirements of the amended city charter, and in conformity to city ordinance 1752, establishing that street as a public highway. Accordingly notice was given in pursuance to the amended city charter, and on the day appointed for the meeting of the jury nothing was done but to receive proof that the notice had been published as required and the proceeding was adjourned to the 6th of November following. On that day the parties appeared by their attorneys, as the report states, and the jury was sworn, who, having made some progress, the matter was adjourned until the 10th of November. On that day the parties ajopeared by their attorneys, and the jury having inspected the premises sought to be condemned under ordinance 3548, suggested to the
The judgment is reversed.