State ex rel. Ziegenhein v. Thompson
Supreme Court of Missouri
Error to St. Louis Circuit Court. — Hon. Daniel Dillon, Judge. (1) Tbe petition states no cause of action against defendant Judson M. Thompson and bence tbe judgment rendered in tbis case was erroneous and should be reversed. It is settled that tbis court will reverse a judgment obtained upon a petition which fails to state a cause of action, though no objection was made thereto in the lower court.
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Error to St. Louis Circuit Court. — Hon. Daniel Dillon, Judge. (1) Tbe petition states no cause of action against defendant Judson M. Thompson and bence tbe judgment rendered in tbis case was erroneous and should be reversed. It is settled that tbis court will reverse a judgment obtained upon a petition which fails to state a cause of action, though no objection was made thereto in the lower court. Childs v. Railroad, 117 Mo. 414; State ex rel. v. Hoyt, 123 Mo. 537; State ex rel. v. Bland, 144 Mo. 534. (2) The levying of taxes is a matter solely of statutory creation, and no means o'an be…
1Opinion of the CourtGantt, P. J.
This is an action by the State at the relation of the collector of revenue of the city of St. Louis, to enforce the State’s lien against real property in City Block 194, having a frontage on Eighth street of fifty-nine feet by a depth of one hundred and twenty-seven feet.
The petition states that the Mission Eree School is the owner, and Judson M. Thompson is the lessee.of said property; it then proceeds to make the usual allegations based upon the laws of Missouri, relating to the assessment of the property and its delinquency for the taxes for the years 1890, 1891 and 1892, and that by…
2Cases cited6 opinions
- Abbott v. LindenbowerSupreme Court of Missouri · 1868
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Smith v. BurrusSupreme Court of Missouri · 1891
- State ex rel. Wyatt v. Wabash RailroadSupreme Court of Missouri · 1893
- State ex informatione Crow v. BlandSupreme Court of Missouri · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State ex rel. Flentge v. BurroughSupreme Court of Missouri · 1903
- City of Hannibal ex rel. Bassen v. BowmanMissouri Court of Appeals · 1903
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
- State ex rel. Ziegenhein v. Mission Free SchoolSupreme Court of Missouri · 1901
- Bedford County v. RoseboroughCourt of Appeals of Tennessee · 1936
2 more not listed; retrieve them via the Exa API.