St. Louis & San Francisco Railway Co. v. Gracy
Supreme Court of Missouri
Appeal from Feivton Circuit Court. — Hon. Joseph Cravens, Judge. (1) There was no order of the circuit court of Newton county authorizing the county court to assess, levy and collect the taxes for school building purposes attempted to be levied and assessed by the order of the county court dated August 4, 1890. They are, therefore, absolutely void and illegal. By sections 7653 and 7654 of Revised Statutes, 1889, such order of the circuit court was necessary.
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Appeal from Feivton Circuit Court. — Hon. Joseph Cravens, Judge. (1) There was no order of the circuit court of Newton county authorizing the county court to assess, levy and collect the taxes for school building purposes attempted to be levied and assessed by the order of the county court dated August 4, 1890. They are, therefore, absolutely void and illegal. By sections 7653 and 7654 of Revised Statutes, 1889, such order of the circuit court was necessary. A county court has no implied power to levy taxes. State ex rel. v. Railroad, 83 Mo. 395; State ex rel. v. Railroad, 87 Mo. 236; State…
1Opinion of the CourtBarclay, J.
— This cause has been twice argued here.
After the announcement of the first judgment (reported, 28 S. W. Rep. 736), a rehearing was granted at the instance of plaintiff. We now agree with the *477plaintiff’s suggestion, on the motion for rehearing, as to . the propriety of determining one of the questions left undecided upon the first hearing.
We have also taken the occasion, afforded by a reconsideration of the case, to modify the first opinion in some particulars.
The suit is to enjoin the collection of certain taxes in Newton county.
The pleadings need not be recited. The issues submitted are…
2Cases cited15 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
- Warden v. Board of SupervisorsWisconsin Supreme Court · 1861
- The People v. . WalkerNew York Court of Appeals · 1858
- Webster v. FrenchIllinois Supreme Court · 1850
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3Cited by18 opinions
- Rathjen v. Reorganized School District R-IISupreme Court of Missouri · 1955
- Lamar Township v. City of LamarSupreme Court of Missouri · 1914
- Henderson v. EdwardsSupreme Court of Iowa · 1921
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
- Collier Estate v. Western Paving & Supply Co.Supreme Court of Missouri · 1904
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