Legal Opinion

Russell v. Woerner

Missouri Court of Appeals

Decided May 25, 1908Published

Appeal from Jackson Circuit Court. — Hon. Shannon G. Douglass, Judge. (1) Can plaintiffs maintain a separate suit for the enforcement of a lien for taxes? Kansas City Charter, sec. 59, art. 5; White v. Shell, 84 Mo. 573; Bingham v. Birmingham, 13 S. W. 208; Pitkin v. Riebel, 104 Mo. 510; Taft v. McOullock, 135 Mo. 594; Arn v. Hoppin, 25 Kan. 494; Russell v. Hudson, 28 Kan. 99; Jones v. Foley, 121 Ind. 180; Weimer y.

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Appeal from Jackson Circuit Court. — Hon. Shannon G. Douglass, Judge. (1) Can plaintiffs maintain a separate suit for the enforcement of a lien for taxes? Kansas City Charter, sec. 59, art. 5; White v. Shell, 84 Mo. 573; Bingham v. Birmingham, 13 S. W. 208; Pitkin v. Riebel, 104 Mo. 510; Taft v. McOullock, 135 Mo. 594; Arn v. Hoppin, 25 Kan. 494; Russell v. Hudson, 28 Kan. 99; Jones v. Foley, 121 Ind. 180; Weimer y. Porter, 42 Mich. 569; Burke v. Brown, 148 Mo. 309; Milner v. Shipley, 94 Mo. 106; Graves v. Ewart, 99 M'o. 13; Blevins v. Smith, 104 Mo. 583, 591; Powell v. Greenstreet, 95 Mo.…

1Opinion of the CourtEllison, J.

This action is to recover the amount of certain taxes with interest and penalties alleged to have been due to Kansas City, Missouri. The judgment in the trial court was for the defendants and plaintiffs took an appeal to the Supreme Court, on the ground of the case involving a construction of the revenue law. That court thought otherwise and transferred the case to this court.

*255It appears that the defendant Knickerbocker Trust Company was the owner of certain real property in Kansas City upon which there had been levied certain city taxes. That these taxes were unpaid and the property sold at a…

2Cases cited1 opinion

  1. Phelps v. BrumbackMissouri Court of Appeals · 1904

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