President of St. Vincent's College v. Schaefer
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) The special act of 1853 ( Session Acts, 1853, p. 569) exempting appellant’s property from taxation, and the acceptance of said act, and the compliance with its terms and conditions by appellant, as fully set forth in appellant’s petition, constitute a contract with the state of Missouri, within the meaning of section 10, article 1, of the constitution of the United States.
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Appeal from Cape Girardeau Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) The special act of 1853 ( Session Acts, 1853, p. 569) exempting appellant’s property from taxation, and the acceptance of said act, and the compliance with its terms and conditions by appellant, as fully set forth in appellant’s petition, constitute a contract with the state of Missouri, within the meaning of section 10, article 1, of the constitution of the United States. Therefore, the state of Missouri had no power to repeal, either expressly or by implication, said special act of exemption. Cooley’s Const. Lim. [3…
1Opinion of the CourtBlack, J.
— This is a suit to recover $159.87 on account of taxes paid by the plaintiff to defendant as collector of Cape Girardeau county, the taxes having been paid under written protest. The circuit court sustained a demurrer to the petition, and from a judgment thereon plaintiff appealed.
The legislature, by the act of February 27, 1853, constituted certain persons and their associates a body corporate by the name of “ The President and Faculty of St. Vincent’s College.” The act gives to the corporation the right to acquire real and personal property by purchase, gift-or devise; provided, that the…
2Cases cited4 opinions
- Home of the Friendless v. RouseSupreme Court of the United States · 1869
- Washington University v. RouseSupreme Court of the United States · 1869
- Mechanics' Bank v. City of KansasSupreme Court of Missouri · 1881
- International Insurance v. DavenportSupreme Court of Missouri · 1874
3Cited by6 opinions
- Washington University v. BaumannSupreme Court of Missouri · 1937
- State ex rel. Morris v. Board of TrusteesSupreme Court of Missouri · 1903
- North St. Louis Gymnastic Society v. HagermanSupreme Court of Missouri · 1911
- State ex rel. Waller v. Trustees of William Jewell CollegeSupreme Court of Missouri · 1911
- Trustees of William Jewell College v. BeaversSupreme Court of Missouri · 1943
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