Mason v. Kennedy
Supreme Court of Missouri
Appeal from Knox Circuit Court. — How. Bew. E. Tubweb, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. (2) Injunction is not the remedy. If there is an office and the directors wrongfully claim to exercise its duties, neither injunction nor mandamos is the remedy. Hunter v. Chandler, 45 Mo. 452. Plaintiff says the “taxis illegal” and should be restrained, and proposes to beg the question “of title to office.” State ex rel.
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Appeal from Knox Circuit Court. — How. Bew. E. Tubweb, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. (2) Injunction is not the remedy. If there is an office and the directors wrongfully claim to exercise its duties, neither injunction nor mandamos is the remedy. Hunter v. Chandler, 45 Mo. 452. Plaintiff says the “taxis illegal” and should be restrained, and proposes to beg the question “of title to office.” State ex rel. Jaclcson v. Auditor, 36 Mo. 70. Or if it is tried it is simply as a side issue or collateral matter to the proceeding. Winston v.…
1Opinion of the CourtNorton, J.
This is a proceeding to enjoin and restrain defendants, as school directors, from certifying and levying a school tax on the real estate of plaintiff. The circuit court decreed a perpetual injunction-as prayed for in the petition, from which defendants have appealed.
The tax enjoined was levied by defendants as-school directors of a new district formed out of parts of school districts numbered one, two, three and four, in which all of township 61, range 11 west, in Knox county, had been divided or laid off.
The lawful existence of the new district is challenged, in the petition on these grounds…
2Cited by4 opinions
- State ex rel. McGuire v. HermannMissouri Court of Appeals · 1966
- State ex rel. Moore v. EdenMissouri Court of Appeals · 1893
- State ex rel. Doyle v. LittrellMissouri Court of Appeals · 1975
- Reorganized School District No. R IV of Carroll County v. WilliamsMissouri Court of Appeals · 1956