State ex rel. Furby v. Continental Zinc Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) The so-called back tax bill was not sufficient as to the heads “Special” and “Sewer Fund,” to constitute prima-facie evidence. R. S. 1909, see. 11498. . (2) The city of Carterville, having less than 10,000 inhabitants, was confined to a levy of fifty cents on the one hundred dollars for all purposes mentioned as indicated in the so-called back tax bill.
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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) The so-called back tax bill was not sufficient as to the heads “Special” and “Sewer Fund,” to constitute prima-facie evidence. R. S. 1909, see. 11498. . (2) The city of Carterville, having less than 10,000 inhabitants, was confined to a levy of fifty cents on the one hundred dollars for all purposes mentioned as indicated in the so-called back tax bill. Waterworks Co. v. Lamar, 128 Mo. 188; Constitution, art. 10, sec. 11. (3) The only provision for a city of less than 10,000 inhabitants levying a tax rate in excess of fifty…
1Opinion of the Court
ROY, C.
This is a suit for city taxes on the southeast fourth of the northwest quarter of section 21, township 28, range 32, in Carterville. There was a judgment for plaintiff, and defendant has appealed to this court, constitutional questions being involved.
In 1889 the city of Carterville, then and now a city of the fourth class and having a population over a thousand and less than ten thousand, entered into a contract with one O’Neil, by which it agreed to pay him for hydrant rentals for its supply of water, at the rate of fifty dollars a year for each hydrant. That contract was approved by…
2Cases cited5 opinions
- Lamar Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1895
- Conner v. City of NevadaSupreme Court of Missouri · 1905
- Webb City & Carterville Waterworks Co. v. City of CartervilleSupreme Court of Missouri · 1897
- State ex rel. Egger v. PayneSupreme Court of Missouri · 1899
- Webb City v. City of CartervilleSupreme Court of Missouri · 1899
3Cited by1 opinion
- Authorizing Issuance of Funding Bonds Ex Rel. Consolidated School District No. 4 v. DaySupreme Court of Missouri · 1931