Pope v. Lockhart
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. John M. Bato son, Judge. (1) The last estimate filed by the two members of the school board, is a palpable fraud, and so purposely designed. The assessed valuation of the district was $36,087. The legitimate incidental expenses of the district for fuel, repairs and school supplies, is conclusively shown not to exceed $120. This, in fact, had been sufficient in the preceding years, and no one contends that more was needed.
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Appeal from Nodaway Circuit Court. — Hon. John M. Bato son, Judge. (1) The last estimate filed by the two members of the school board, is a palpable fraud, and so purposely designed. The assessed valuation of the district was $36,087. The legitimate incidental expenses of the district for fuel, repairs and school supplies, is conclusively shown not to exceed $120. This, in fact, had been sufficient in the preceding years, and no one contends that more was needed. (2) The note at the bank, to pay which this tax is sought to be collected, is not a lawful debt against the school district,…
1Opinion of the CourtJames T. Blair, J.
This is a suit to enjoin the collection and reception of school taxes in School District 143 in Nodaway County. The trial court dismissed the bill, and this appeal followed.
Appellants are alleged to be resident taxpayers of the district, and state that they bring the suit for them selves and all other persons similarly situated. Respondents are the township collector of Hughes Township, the county clerk, and Gex and Shambarger, two members of the district school board. In addition to the description of the parties, the petition alleges:
“Relators further say that the respondent county clerk…
2Cited by5 opinions
- Peter v. KaufmannSupreme Court of Missouri · 1931
- State Ex Rel. Marlowe v. Himmelberger-Harrison Lumber Co.Supreme Court of Missouri · 1933
- Russell v. FrankSupreme Court of Missouri · 1941
- Lyons v. School DistrictSupreme Court of Missouri · 1925
- State Ex Rel. Chadwick Consolidated School District v. JacksonMissouri Court of Appeals · 1935