Legal Opinion

State ex rel. Love v. Hannibal & St. Joseph Railroad

Supreme Court of Missouri

Decided April 15, 1890PublishedCited by 7 opinions

Appeal from Caldwell Circuit Court. — Hon. J. M. Davis, Judge. (1) Defendant’s twenty-first declaration should have been given. It was incumbent on the plaintiff to prove that the special board of equalization for the year 1872 had valued, equalized and adjusted the property of the defendant for the years 1867, 1868, 1869, 1870, 1871 and 1872, and that a part of it had been apportioned to Caldwell county for purposes of taxation.

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Appeal from Caldwell Circuit Court. — Hon. J. M. Davis, Judge. (1) Defendant’s twenty-first declaration should have been given. It was incumbent on the plaintiff to prove that the special board of equalization for the year 1872 had valued, equalized and adjusted the property of the defendant for the years 1867, 1868, 1869, 1870, 1871 and 1872, and that a part of it had been apportioned to Caldwell county for purposes of taxation. To make this proof, the plaintiff read from the exhibit filed with and made a part of defendant’s answer certain allegations in the exhibit, and the proceedings of…

1Opinion of the CourtBrace, J.

This is an action brought in the name of the state at the relation of the collector of Caldwell county to recover certain taxes assessed and levied against the property of the defendant in said county for the years 1867-68-69-70-71-72-73-74-75-76 and 1877, with interest and penalties for the non-payment of the same.

The plaintiff recovered judgment for the amount of the road tax for all of the said years except the year 1873', and for the amount of the school taxes for the years 1867 to 1872, both inclusive, the whole aggregating with cost the sum of $78,121.12. The court found for the…

2Cases cited7 opinions

  1. Hannibal & St. Joseph Railroad v. State Board of EqualizationSupreme Court of Missouri · 1876
  2. Hannibal & St. Joseph Railroad v. ShacklettSupreme Court of Missouri · 1860
  3. State v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
  4. City of St. Joseph v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1867
  5. State v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866

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3Cited by7 opinions

  1. People v. PitcherSupreme Court of Colorado · 1916
  2. Ray v. ArmstrongCourt of Appeals of Kentucky · 1910
  3. Harris v. William R. Compton Bond & Mortgage Co.Supreme Court of Missouri · 1912
  4. State ex rel. Harrison County Bank v. SpringerSupreme Court of Missouri · 1896
  5. State ex rel. Dalton v. BakerSupreme Court of Missouri · 1902

2 more not listed; retrieve them via the Exa API.

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