Matthis v. Inhabitants of the Town of Cameron
Supreme Court of Missouri
Error to Clinton Circuit Court. I. Town warrants are not negotiable. (Clark vs. City of Des Moines, 19 Iowa, 199.) II. A tax payer may maintain a bill in equity for relief against a fraudulent judgment. (Dill. Mun. Corp., 1st ed., §§ 734, 736.) III. The failure of the officers of the town to answer and defend, when the corporation was sued, was a fraud on the tax payers.
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Error to Clinton Circuit Court. I. Town warrants are not negotiable. (Clark vs. City of Des Moines, 19 Iowa, 199.) II. A tax payer may maintain a bill in equity for relief against a fraudulent judgment. (Dill. Mun. Corp., 1st ed., §§ 734, 736.) III. The failure of the officers of the town to answer and defend, when the corporation was sued, was a fraud on the tax payers. I. The petition charged no fraud upon the defendant Cox, and no collusion on his part in obtaining the judgment.
1Opinion of the CourtNapton, Judge
This was an application at the April Term, 1875, of the circuit court of Clinton couuty. for an injunction against, the. corporation called “The Inhabitants of the Town of Cameron,” the trustees by name, the treasurer, and one John D. Cox. The plaintiff is a resident citizen and tax payer of said town ; and the grounds, upon which he prays an injunction, as stated in the petition, are substantially as follows:
*505On the 3d day of July. 1871, the board of trustees, of whom B. C. Stokes was chairman, issued a warrant or order as follows:
“No. 12. The treasurer of the town of Cameron will on the 1st…
2Cases cited2 opinions
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
3Cited by8 opinions
- Hight v. City of HarrisonvilleSupreme Court of Missouri · 1931
- Graves v. PurcellSupreme Court of Missouri · 1935
- Jensen v. Wilson TownshipSupreme Court of Missouri · 1940
- Williams v. KlemmerSupreme Court of Minnesota · 1929
- Salt Lake City v. Salt Lake Inv. Co.Utah Supreme Court · 1913
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