Legal Opinion

School District v. Goodding

Supreme Court of Missouri

Decided February 5, 1894PublishedCited by 4 opinions

Appeal from Macon Circuit Cowrt. — Hon. Andrew Ellison, Judge. The facts agreed upon, in the statement submitted by all the parties to the trial court, were the'following: The city of Macon, prior to November 1, 1889, was, and now is, a city, incorporated by a special charter, March 28, 1872, repealing an earlier act, approved, December 31, 1859, and all acts amendatory thereof.

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Appeal from Macon Circuit Cowrt. — Hon. Andrew Ellison, Judge. The facts agreed upon, in the statement submitted by all the parties to the trial court, were the'following: The city of Macon, prior to November 1, 1889, was, and now is, a city, incorporated by a special charter, March 28, 1872, repealing an earlier act, approved, December 31, 1859, and all acts amendatory thereof. The city was surveyed and platted, and a correct plat was filed in' the recorder’s office of said county, prior to .1866. In 1866 the city was duly organized as a school district, under the statute of 1865, chapter…

1Opinion of the CourtBarclay, J.

The present appeal is from a judgment of Judge Andrew Ellison, on the circuit, denying a mandamus. Plaintiff applied for such a- writ to compel defendant, as county clerk of Macon county, to extend certain alleged school taxes on the annual tax books, with a view to their collection.

Issue was joined upon an agreed statement of facts, on consideration of which judgment was given for defendant; and plaintiff in due course appealed.

The city of Macon took steps in 1890 designed to enlarge its territorial extent. The taxation in question is proposed to be placed11 upon the property in the extended…

2Cases cited1 opinion

  1. School District Number 1 v. School District Number 4Supreme Court of Missouri · 1887

3Cited by4 opinions

  1. State ex Informatione Lowe v. HendersonSupreme Court of Missouri · 1898
  2. School District No. 7 v. School District of St. JosephSupreme Court of Missouri · 1904
  3. State ex rel. Moody v. WardellSupreme Court of Missouri · 1899
  4. State ex rel. North & South Railway Co. v. MeierMissouri Court of Appeals · 1897

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