State ex rel. Morgan County v. Wilder
Supreme Court of Missouri
Mandamus. Section 5 of the act of 1868 provides that in all cases where railroads are built under thé provisions •contained in said act, the proceeds of all state taxes levied upon such railroad shall be paid into the treasury of the county where collected and apportioned to the payment of the bonds issued by such county for the construction of such railroad.
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Mandamus. Section 5 of the act of 1868 provides that in all cases where railroads are built under thé provisions •contained in said act, the proceeds of all state taxes levied upon such railroad shall be paid into the treasury of the county where collected and apportioned to the payment of the bonds issued by such county for the construction of such railroad. Morgan county having erroneously paid the taxes so raised and collected into the State Treasury, the Legislature in 1905 directed the State Auditor to draw his warrant on the State Treasurer for said sums of money payable to the county…
1Opinion of the CourtFox, J.
This is an original proceeding in; this court instituted by Morgan county in the State of Missouri, and J. W. Johnson, treasurer of Morgan county, by which it is sought to obtain a peremptory writ of mandamus to compel the respondent, as State Auditor, to issue two warrants in favor of relator, J. W. Johnson, Treasurer of Morgan county, one for the sum of $2,139.80, and the other for the sum of $1,933.25, according to the provisions of an act of the General Assembly, approved April 12, 1905.
The provisions of said act are as follows:
It is entitled, “An act for the reimbursement of *506Morgan'…
2Cases cited9 opinions
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- Harshman v. Bates CountySupreme Court of the United States · 1876
- State ex rel. Woodson v. BrassfieldSupreme Court of Missouri · 1878
- State ex rel. Wilson v. RaineySupreme Court of Missouri · 1881
- Webb v. Lafayette CountySupreme Court of Missouri · 1878
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