City of Stanberry v. Jordan
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The petition does not allege that the defendant Jordan ever had in his hands or that there was ever delivered to him, any properly certified and authenticated tax book, or any other legal warrant or authority to collect said tax. Unless such process was put into his hands by the proper authorities, he could not lawfully have collected the tax, nor could his sureties be held liable for his failure so to do.
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Appeal from Gentry Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The petition does not allege that the defendant Jordan ever had in his hands or that there was ever delivered to him, any properly certified and authenticated tax book, or any other legal warrant or authority to collect said tax. Unless such process was put into his hands by the proper authorities, he could not lawfully have collected the tax, nor could his sureties be held liable for his failure so to do. He must have a process before he can be held guilty of a breach of official duty in not executing it. Mechem on…
1Opinion of the CourtWilliams, J.
Defendant Jordan, in the year 1893, was collector of the city of Stanberry. The other defendants are the sureties on his official bond. This suit is for an alleged breach of duty upon his part, in failing to collect certain taxes levied by the city for said year upon the ‘.‘Bank of Stanberry,” amounting to $67.19.
The petition alleges that plaintiff is a city of the fourth class; that defendant Jordan was elected collector thereof, on the fifth of April, 1892, for a term of two years; that he duly qualified and defendants executed the bond sued on, dated May 9, 1892, conditioned for the…
2Cases cited8 opinions
- Lamar Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1895
- State ex rel. Gracy v. Bank of NeoshoSupreme Court of Missouri · 1894
- Gage v. GatesSupreme Court of Missouri · 1876
- Ozark Plateau Land Co. v. HaysSupreme Court of Missouri · 1891
- Town of Warrensburg ex rel. Colbern v. MillerSupreme Court of Missouri · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Hadley v. AdkinsSupreme Court of Missouri · 1909
- First State Bank v. Reorganized School District R-3, BunkerMissouri Court of Appeals · 1973
- State ex rel. Mahan v. Merchants BankSupreme Court of Missouri · 1901
- Long v. City of IndependenceSupreme Court of Missouri · 1950
- Browning v. City of Poplar BluffMissouri Court of Appeals · 1963
6 more not listed; retrieve them via the Exa API.