State ex rel. Givens v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. C. H. S. Goodman, Judge.' (1) The assessment of eight mills for railroad interest by the county court, in 1880, on all property in said county was not void, but was only illegally and erroneously levied and the court had the right to correct said levy in 1881 or any subsequent year. R. S. 1879, sec. 6879. (2) The court erred in refusing the instruction asked for by plaintiff and giving those on behalf of defendant.
Read the full summary
Appeal from Daviess Circuit Court. — Hon. C. H. S. Goodman, Judge.' (1) The assessment of eight mills for railroad interest by the county court, in 1880, on all property in said county was not void, but was only illegally and erroneously levied and the court had the right to correct said levy in 1881 or any subsequent year. R. S. 1879, sec. 6879. (2) The court erred in refusing the instruction asked for by plaintiff and giving those on behalf of defendant. Under the constitution the county court had the right to levy the tax in question to pay past indebtedness and the failure to comply with…
1Opinion of the CourtBlack, J.
The county court'of Daviess county for the tax-year ending August 1, 1880, levied the usual state and county taxes upon all the taxable property of the county, and among the other taxes a tax of eight mills on the dollar for “railroad interest purposes.” This tax was levied for the purpose of paying interest on certain bonds issued, it is to be inferred, in payment -of railroad subscriptions. This tax was thus levied by the county court of its own motion and without having first procured an order therefor from the circuit court or the judge thereof in vacation. The taxpayers in general paid…
2Cases cited1 opinion
- State ex rel. Brown v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
3Cited by4 opinions
- State ex rel. Trammel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- State ex rel. Hill v. Wabash RailroadSupreme Court of Missouri · 1902
- State ex rel. Gibson v. St. Louis, Keokuk & Northwestern RailroadSupreme Court of Missouri · 1895
- State ex rel. Lane v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1892