Burnham v. Rogers
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. G. A. Denton, Special Judge. (1) This petition can not be read without concluding that the prime object is an atack upon the corporate existence of Amoret school district. It pleads that there was such de facto school district, for it is pleaded that such organization was acting as a school district, by levying taxes, issuing bonds, and building a schoolhouse.
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Appeal from Bates Circuit Court. — Hon. G. A. Denton, Special Judge. (1) This petition can not be read without concluding that the prime object is an atack upon the corporate existence of Amoret school district. It pleads that there was such de facto school district, for it is pleaded that such organization was acting as a school district, by levying taxes, issuing bonds, and building a schoolhouse. The corporate existence or organization of this corporation can not be attacked in this collateral proceeding, and as to this matter the demurrer was properly sustained, 4 Am. and Eng. Ency. of…
1Opinion of the CourtValliant, J.
This is a suit in equity to enjoin the collection of certain school taxes in Amoret school district in Bates county, the plaintiffs owning property* in the district assessed for such taxes in 1897, and the defendant being the township tax collector.
The petition goes back to the organization of the town of Amoret, and makes statements tending to show that the town was not lawfully organized; then it takes up the Amoret school district, organized in 1892, and makes statements designed to show that its organization was not legal. It then states in effect that upon the organization in May, 1892,…
2Cases cited4 opinions
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Catholic Church v. TobbeinSupreme Court of Missouri · 1884
- State v. FullerSupreme Court of Missouri · 1888
- State ex rel. Burgess v. EdwardsSupreme Court of Missouri · 1899
3Cited by16 opinions
- Nelson v. Consol. Independent Sch. Dist. of Troy MillsSupreme Court of Iowa · 1917
- Spiking School District No. 71 v. Purported "Enlarged School District R-IISupreme Court of Missouri · 1952
- Black v. EarlySupreme Court of Missouri · 1907
- Evens v. AndersonSupreme Court of Minnesota · 1916
- State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
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