State ex rel. Coleman v. Blair
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Ron. Berry Q. Thurman, Judge. (1) Appellant never having been notified of the proceedings until the bringing of this action to enforce the payment of taxes, necessarily the taxes sued for are void, and there can be no recovery, (a) The alleged preliminary notice was void as to appellant. R. S. 1909, Sec. 5581. The order of the court required same to be published in the Rich Hill Review.
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Appeal from Vernon Circuit Court. — Ron. Berry Q. Thurman, Judge. (1) Appellant never having been notified of the proceedings until the bringing of this action to enforce the payment of taxes, necessarily the taxes sued for are void, and there can be no recovery, (a) The alleged preliminary notice was void as to appellant. R. S. 1909, Sec. 5581. The order of the court required same to be published in the Rich Hill Review. The finding was that it was published in the Mining Review. This did not confer jurisdiction over the appellant. R. S. 1909, Sec. 5581. (b) No opportunity for hearing as to…
1Opinion of the CourtBrown, J.
— Civil action in the circuit court of Bates county to collect drainage taxes in the sum of $2659.20. Plaintiff had judgment below, and defendants appeal.
Plaintiff’s petition alleges the organization of Drainage District No. 1 in Bates county, Missouri, by the county court of that county of February 7, 1906, under the provisions of Art. 4, Ch. 122, R. S. 1899 (now Art. 4, Ch. 41, R S. 1909)..The taxes sued for were levied by the county court in the year 1907, to pay bonds issued and sold to raise money to drain overflowed lands of defendants and other persons situated within said drainage…
2Cases cited18 opinions
- Roller v. HollySupreme Court of the United States · 1900
- Huling v. Kaw Valley Railway & Improvement Co.Supreme Court of the United States · 1889
- Leigh v. GreenSupreme Court of the United States · 1904
- Cruzen v. StephensSupreme Court of Missouri · 1894
- State ex rel. McCaffery v. MasonSupreme Court of Missouri · 1900
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
- State ex rel. City of Memphis v. HackmanSupreme Court of Missouri · 1918
- State Ex Inf. North Todd Gentry v. CurtisSupreme Court of Missouri · 1928
- Fetzer v. JohnsonCourt of Appeals for the Eighth Circuit · 1926
- Barnes v. Missouri Valley Construction Co.Supreme Court of Missouri · 1914
17 more not listed; retrieve them via the Exa API.