Noll v. Morgan
Missouri Court of Appeals
Appeal from the Howard Circuit Court. — Hon. J. A. Hochaday, Judge. (1) Where injunction proceedings have been brought to prevent the sale of personal property by an officer for taxes, the time of the sale of the property should be alleged in the petition, for the property may be sold or a delivery bond forfeitured before the petition is filed or a temporary injunction is served; and the petition should show on its face that'such is not the case, and, to entitle the…
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Appeal from the Howard Circuit Court. — Hon. J. A. Hochaday, Judge. (1) Where injunction proceedings have been brought to prevent the sale of personal property by an officer for taxes, the time of the sale of the property should be alleged in the petition, for the property may be sold or a delivery bond forfeitured before the petition is filed or a temporary injunction is served; and the petition should show on its face that'such is not the case, and, to entitle the respondent to a final or perpetual injunction against appellant, the respondent must allege in his bill of complaint facts…
1Opinion of the CourtSmith, P. J.
The plaintiff is a tax paying citizen of the city of Glasgow — a city which was incorporated under a special act of the legislature of this state in the year 1845. The defendant is the collector of said city.
The petition, inter alia, alleges that in the year 1898 the plaintiff, in compliance with the provisions of section three of chapter 2 of an ordinance of said city, approved December 21, 1892, delivered to the assessor of said city a list of his personal property, duly subscribed and sworn to, amounting to $3,222, which was received by said assessor and duly recorded as the true…
2Cases cited13 opinions
- Westfall v. . PrestonNew York Court of Appeals · 1872
- Pacific Railroad v. Cass CountySupreme Court of Missouri · 1873
- Overall v. RuenziSupreme Court of Missouri · 1877
- St. Louis & San Francisco Railway Co. v. AppersonSupreme Court of Missouri · 1888
- Valle v. ZieglerSupreme Court of Missouri · 1884
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3Cited by2 opinions
- Ex Parte Keane v. StrodtmanSupreme Court of Missouri · 1929
- American Manufacturing Co. v. City of St. LouisSupreme Court of Missouri · 1911