State ex rel. Board of President of the St. Louis Public Schools v. Tracy
Supreme Court of Missouri
Mandamus. (1) This court has jurisdiction. The case involves constitutional questions. (2) The writ is addressed to the proper officer. (3) The relator is, by virtue of the laws of the state, entitled to collect this tax, and the machinery for its collection has been provided therefor.
Read the full summary
Mandamus. (1) This court has jurisdiction. The case involves constitutional questions. (2) The writ is addressed to the proper officer. (3) The relator is, by virtue of the laws of the state, entitled to collect this tax, and the machinery for its collection has been provided therefor. R. S., sec. 6318; 2 R. S., p. 1580, sec. 20; 2 R. S., p. 1594, sec. 23; 2 R. S., p. 1558, sec. 4; State ex rel. v. Kinney, 48 Mo. 373. (1) The alternative writ should be dismissed, as being within the jurisdiction of the St. Louis court of appeals. Britton v. Steber, 62 Mo. 370. (2) The construction of the…
1Opinion of the CourtBlack, J.
This is a proceeding commenced in this court by petition for a writ of mandamus. The cause is now before us on a motion to quash the alternative writ and to dismiss the suit for want of jurisdiction of this court to hear this cause,* and upon a demurrer to the return made by the respondent.
The relator, a school corporation, created by the special act of February 13,1833, levied a tax of four mills on the dollar on all real and personal property within the corporate limits of St. Louis for the year 1885, and caused a copy of the resolutions to be delivered to the register and to the cohector…
2Cases cited2 opinions
- Heller v. StremmelSupreme Court of Missouri · 1873
- Roach v. Board of President of the St. Louis Public SchoolsSupreme Court of Missouri · 1883
3Cited by15 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894
- State v. BixmanSupreme Court of Missouri · 1901
- City of Aurora v. McGannonSupreme Court of Missouri · 1897
- State Ex Rel. Cole v. MatthewsSupreme Court of Missouri · 1954
10 more not listed; retrieve them via the Exa API.