Benton v. Scott
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Appellants contend that in order to increase the rate of taxation for school purposes above forty cents on the $100 valuation, the board must first determine the rate necessary and submit the proposition to the voters of the district, and said proposed rate must be adopted by a majority of the voters voting upon said proposition.
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Appeal from Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Appellants contend that in order to increase the rate of taxation for school purposes above forty cents on the $100 valuation, the board must first determine the rate necessary and submit the proposition to the voters of the district, and said proposed rate must be adopted by a majority of the voters voting upon said proposition. Both the board and the voters have failed to comply with these requirements and hence the increase is void. Sec. 11, art. 10, Constitution; sec. 9777, R. S. 1899; State v. Railroad, 75 Mo. 528; State…
1Opinion of the Court
In Division Two.
GANTT, J.
— This is a proceeding by plaintiffs who are taxpayers in school district No. 3, township 53, range 31, in Clay county, against the defendant, who is the collector of revenue of said county, to enjoin the collection of school taxes levied at the rate of $1.05 in said school district. Prior ‘to the finding of the bill plaintiffs tendered the collector forty *384cents on the $100 assessed valuation for school purposes, which was refused.
All the evidence material to the issue is documentary and consists, of the records of the school board of said district.
Prior to April 5,…
2Cases cited4 opinions
- State ex rel. Hayes v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1896
- State v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Kansas City, Fort Scott & Memphis Railroad v. ChapinSupreme Court of Missouri · 1901
- State ex rel. Burgess v. EdwardsSupreme Court of Missouri · 1899
3Cited by4 opinions
- Black v. EarlySupreme Court of Missouri · 1907
- State Ex Rel. Consolidated School District No. 8 v. SmithSupreme Court of Missouri · 1938
- Evans v. McFarlandSupreme Court of Missouri · 1905
- State ex rel. New Madrid County v. GordonSupreme Court of Missouri · 1914