Pollard v. Atwood
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. — Hon. Budolph Hirzel, Judge. No costs can be taxed against a city of tbe fourth class in proceedings to collect back taxes, and appellant’s alleged fee bills were illegal.
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Appeal from the St. Louis Circuit Court. — Hon. Budolph Hirzel, Judge. No costs can be taxed against a city of tbe fourth class in proceedings to collect back taxes, and appellant’s alleged fee bills were illegal. Laws of Mo. 1895. p. 74, secs. 49 and 50; 2 E. S., sec. 7688; Laws of Mo. 1895, p. 245, amending 2 E. S., sec. 7626. Appellants can not claim any rights under the several alleged judgments for costs in the various tax suits because those judgments did not and could not purport to be in favor of appellants, but in favor of the respective defendants in those suits. Appellants claims…
1Opinion of the CourtBond, J.
Plaintiffs brought a mandamus to compel the mayor and members of the board of aldermen of the city of Eerguson, to levy a tax to pay certain alleged fee bills issued *195against said city by plaintiff Pollard as justice of the peace in favor of himself and his coplaintiff. An alternative writ was issued, to which respondent made a return. Issue was taken by reply, and judgment entered denying the peremptory writ, from which plaintiffs have appealed.
The trial court upon the request of defendants made the following special findings of the facts and the law, to wit:
“This is a proceeding by mandamus…
2Cases cited2 opinions
- Ensworth v. CurdSupreme Court of Missouri · 1878
- State v. ThompsonSupreme Court of Missouri · 1883
3Cited by1 opinion
- State ex rel. Hickman v. LewisSupreme Court of Missouri · 1914