State ex rel. Bauer v. Edwards
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Ron. D. W'. Shackleford Judge. (1) Tbe petition stated no cause of action as tbe Legislature bad by its solemn enactment extended tbe time for bringing suits on personal taxes until tbe tbirty-first day of Decernber, 1895, and this suit being commenced on the fifth day of November, 1895, was prematurely brought and plaintiff can not recover.
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Appeal from Cole Circuit Court. — Ron. D. W'. Shackleford Judge. (1) Tbe petition stated no cause of action as tbe Legislature bad by its solemn enactment extended tbe time for bringing suits on personal taxes until tbe tbirty-first day of Decernber, 1895, and this suit being commenced on the fifth day of November, 1895, was prematurely brought and plaintiff can not recover. Laws 1895, pp. 243, 245. Unless the matter sued for is due at the time suit is instituted, except in,cases especially provided by statute, no right of action exists. This is not one of the exceptions to the rule and,…
1Opinion of the CourtGantt, J.
This is an action by the State at the relation of the collector of the, revenue of Jefferson City to collect certain delinquent personal taxes, alleged to be due and owing by the estate of E. L. Edwards, deceased, amounting, principal and interest, to seventy-eight dollars, and for attorney’s fees and collector’s commissions, amounting to $10.92 additional, the total being $88.92, for the years 1889, 1890, 1891, 1892 and 1893.
The suit was commenced November 5, 1895.
The petition alleges the qualifications of the plaintiff as' collector of the revenue of Jefferson City; the assessment and levy…
2Cited by3 opinions
- State Ex Rel. McKittrick v. BairSupreme Court of Missouri · 1933
- Gilmore v. HibbsSupreme Court of Missouri · 1941
- State ex rel. Gilman v. RobertsonSupreme Court of Missouri · 1915