State ex rel. Carroll County v. Roberts
Supreme Court of Missouri
Error to Carroll Circuit Court. relied upon Marion County vs. Phillips, J5 Mo., 75. I. The final settlement, made by the County Court with the collector, is equivalent to a judgment i-endered by a court of competent jurisdiction, and will only be impeached upon a proceeding in the nature of a bill in equity for fraud or mistake.. (Sullivan Co. vs. Burgess, 37 Mo., 300.) It cannot be done in a suit on the collector’s bond.
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Error to Carroll Circuit Court. relied upon Marion County vs. Phillips, J5 Mo., 75. I. The final settlement, made by the County Court with the collector, is equivalent to a judgment i-endered by a court of competent jurisdiction, and will only be impeached upon a proceeding in the nature of a bill in equity for fraud or mistake.. (Sullivan Co. vs. Burgess, 37 Mo., 300.) It cannot be done in a suit on the collector’s bond. (Jones vs. Brinker, 20 Mo., 87; State to use, etc., vs. Boland, 23 Mo., 93 ; Marion County vs. Phillips, 45 Mo., 75.) II. "When a settlement has been regularly made and…
1Opinion of the CourtNapton, Judge
The suit was against Boberts, the sheriff and ex-officio collector of Carroll Co., and his sureties on his official bond.
It is averred, in the petition, that a final settlement was made by the County Court of Carroll county with Boberts as collector, in February, 1871, and that, in this settlement, Boberts urns credited with $435.23, the amount of taxes due on delinquent lands ; that, in fact, these delinquent taxes were paid, and that the alleged delinquents have receipts for the same. In other words it is alleged that the collector received a credit, in this settlement, to which he was not…
2Cases cited3 opinions
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- County of Marion v. PhillipsSupreme Court of Missouri · 1869
- Owens v. Andrew County CourtSupreme Court of Missouri · 1872
3Cited by10 opinions
- Cole County v. DallmeyerSupreme Court of Missouri · 1890
- State ex rel. Scotland County v. EwingSupreme Court of Missouri · 1893
- Sears v. Stone CountySupreme Court of Missouri · 1891
- County of Jackson v. J. H. Fayman & Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1931
- Scott County v. LeftwichSupreme Court of Missouri · 1898
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