Birch v. City of Plattsburg
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. A. D Burnes, Judge. (1) The unlawful exemption of the Act of 1883 (Laws 1883, p. 37) rendered the power to extend void, for the reason that it can not be supposed that the Legislature would have passed the act at all without this exemption clause in it, and, therefore, the whole act must fall because of this unconstitutional provision.
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Appeal from Clinton Circuit Court. — Hon. A. D Burnes, Judge. (1) The unlawful exemption of the Act of 1883 (Laws 1883, p. 37) rendered the power to extend void, for the reason that it can not be supposed that the Legislature would have passed the act at all without this exemption clause in it, and, therefore, the whole act must fall because of this unconstitutional provision. Copeland v. St. Joseph, 126 Mo. 428. The power of the city to extend its limits under the above statute is curtailed by an unlawful exemption; that is, it can not tax agricultural or pastoral lands, in such extension,…
1Opinion of the CourtBrace, P. J.
This is an action to recover certain sums of money which the plaintiffs paid the defendant as' taxes levied upon their property by the defendant city for the years 1894, 1896 and 1897, which they allege were levied without authority of law, and which they allege they were constrained to pay under, duress.
The judgment in the circuit court was for the defendant, and the plaintiffs appeal.
There is no dispute about the facts. The plaintiffs are the owners of forty acres of land in the southwest quarter of section 24, township 57, range 32, in Clinton county, that was included within the corporate…
2Cases cited8 opinions
- State v. BockstruckSupreme Court of Missouri · 1896
- State v. ClarkeSupreme Court of Missouri · 1873
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Copeland v. City of St. JosephSupreme Court of Missouri · 1895
- State ex rel. Aull v. FieldSupreme Court of Missouri · 1894
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3Cited by4 opinions
- Hislop v. City of JoplinSupreme Court of Missouri · 1913
- State ex rel. Musser v. BirchSupreme Court of Missouri · 1905
- Gross v. Atchison CountySupreme Court of Missouri · 1928
- State ex rel. Morgan v. HemenwaySupreme Court of Missouri · 1917