Legal Opinion

State ex rel. Karrenbrock v. Mississippi Valley Trust Co.

Supreme Court of Missouri

Decided February 26, 1908PublishedCited by 19 opinions

Appeal from St. Louis City Circuit Court. — Row. Walter B. Douglas, Judge. (1) While the State may present its claim for taxes, it is not compelled to do so; it is the duty of the executor to pay the taxes without any demand therefor being presented to the court for allowance. R. S. 1899', see. 184, subd. 3; secs.. 4259, 4260' and 9246; State ex rel. y. Tittmann, 103 Mo. 553, 119 Mo. 661; State ex rel. v. Burr, 143 Mo. 209; State ex rel. v. Donaldson, 28 Mo.

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Appeal from St. Louis City Circuit Court. — Row. Walter B. Douglas, Judge. (1) While the State may present its claim for taxes, it is not compelled to do so; it is the duty of the executor to pay the taxes without any demand therefor being presented to the court for allowance. R. S. 1899', see. 184, subd. 3; secs.. 4259, 4260' and 9246; State ex rel. y. Tittmann, 103 Mo. 553, 119 Mo. 661; State ex rel. v. Burr, 143 Mo. 209; State ex rel. v. Donaldson, 28 Mo. App. 192; United States v. Hahn, 37 Mo. App. 584; Kansas City v. Simpson, 90 Mo'. App. 50; Bonaparte v. State, 63 Md. 465; United States…

1Opinion of the CourtLamm, J.

Judgment going in favor of defendant in a tax suit, plaintiff appealed. Defendant was sued in its individual capacity for the recovery of a personal judgment for taxes levied upon $142,760 of personal property for the year 1897. On that assessed valuation was levied $356.90 State and State interest tax, $713.80 county tax, and $499.66 school tax — aggregat*479ing $1,570.36. The case has troublesome and singular features.

The petition was filed on the 31st of December, 1902 — one day before the taxes became uncollectible by limitation (R. S. 1899, sec. 9246). After alleging relator was collector of…

2Cases cited8 opinions

  1. United States v. FisherSupreme Court of the United States · 1805
  2. Prince v. BartlettSupreme Court of the United States · 1814
  3. Greeley v. Provident Savings BankSupreme Court of Missouri · 1889
  4. State ex rel. Ziegenhein v. TittmannSupreme Court of Missouri · 1890
  5. State ex rel. Ziegenhein v. BurrSupreme Court of Missouri · 1898

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3Cited by19 opinions

  1. Tucker v. BrownWashington Supreme Court · 1944
  2. Hammond v. WheelerSupreme Court of Missouri · 1961
  3. Hartnett v. Langan.Supreme Court of Missouri · 1920
  4. Brown v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1934
  5. State Ex Rel. Dryden v. ThymMissouri Court of Appeals · 1955

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