State ex rel. Boulton v. Norvell
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Tbe returns showed that the appellants could not comply with the command of the alternative writ to immediately levy, assess and collect a tax, because they had already exhausted their powers in that respect. At the time of the issuance of the alternative writ, therefore, the relator had no right to have a tax levied, and hence it was .error to award the peremptory writ.
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Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Tbe returns showed that the appellants could not comply with the command of the alternative writ to immediately levy, assess and collect a tax, because they had already exhausted their powers in that respect. At the time of the issuance of the alternative writ, therefore, the relator had no right to have a tax levied, and hence it was .error to award the peremptory writ. School District v. Lauderbaugh, 80 Mo. 190-194; State ex rel. v. Davis, 54 Mo. App. 447-451; High on Extraordinary Remedies [2 Ed.], sec. 144, p. 135. (2)…
1Opinion of the CourtGill, J.
*183Statement. *182This is a proceeding in mandamus, whereby tbe plaintiff, or relator, seeks to compel tbe defendants, municipal officers of Columbia, to levy a¿ud collect a tax to pay a *183judgment which the plaintiff recovered against said city. The alternative writ, after reciting the recovery of the judgment, demand for its payment, issue of execution with return of nulla bona, that it was the duty of defendants as mayor and councilmen of said city to provide for its payment, which they had failed and refused to do, and that there was no money in the city treasury to pay the same, etc., then…
2Cases cited2 opinions
- State ex rel. Cassidy v. SlavensSupreme Court of Missouri · 1882
- State ex rel. Lanyon v. Joplin Water WorksMissouri Court of Appeals · 1893
3Cited by4 opinions
- Heather v. City of PalmyraSupreme Court of Missouri · 1925
- Reed v. GoldneckMissouri Court of Appeals · 1905
- Hubbel v. City of MaryvilleMissouri Court of Appeals · 1900
- Hartman v. City of BrunswickMissouri Court of Appeals · 1903