Legal Opinion

State ex rel. Begeman v. Robyn

Supreme Court of Missouri

Decided October 15, 1887PublishedCited by 1 opinion

Appeal from, Gasconade Circuit Court. — Hon. A. J.. Seay, Judge. (1) The suit for taxes due the town of' Hermann was properly brought by the collector in the name of the county. The legislature could change the mode of collection provided by the charter, and vest in the county collector the right to enforce the collection of the taxes. Dillon on Corp., sec. 30 ; Peoples.

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Appeal from, Gasconade Circuit Court. — Hon. A. J.. Seay, Judge. (1) The suit for taxes due the town of' Hermann was properly brought by the collector in the name of the county. The legislature could change the mode of collection provided by the charter, and vest in the county collector the right to enforce the collection of the taxes. Dillon on Corp., sec. 30 ; Peoples. Morris, 13 Wend. 325; Bank v. Knoop, 16 How. [U. S.] 369; Sloan v. State, 8 Black! 361. (2) The act of 1872 concerning collection of taxes is constitutional; a lien exists in favor of the state by virtue of it and the…

1Opinion of the CourtBlack, J.

This was a suit commenced by the collector of the revenue of Gasconade county, to recover taxes assessed by the town of Hermann, upon certain real estate owned by the defendant, and to enforce the lien reserved for the payment of the tax. The court sustained a demurrer to the petition, and the plaintiff appealed.

1. It was contended in the court below and insisted here, that the collector of the revenues of Gasconade county has no power to prosecute this suit; that the suit should be prosecuted by the town collector in the name of the town, and not by the county collector in' The name of the…

2Cases cited3 opinions

  1. City of Kansas v. PayneSupreme Court of Missouri · 1879
  2. State ex rel. Van Brown v. Van EverySupreme Court of Missouri · 1882
  3. State ex rel. Van Brown v. ShepherdSupreme Court of Missouri · 1881

3Cited by1 opinion

  1. Central Missouri Oil Co. v. City of St. JamesMissouri Court of Appeals · 1937

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