State ex rel. Teare v. Dungan
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Ho». W. C. Ellison, Judge. (1) The court erred in making its finding for the plaintiff and rendering its judgment and decree for the plaintiff. No assessment was made of said lands as required by law. To recover there must be a legal assessment or there can be no delinquent taxes. State ex rel. v. Scott, 96 Mo. 72; State v. Spencer, 114 Mo. 574. The action of the assessor having been without notice to. defendant is void.
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Appeal from Holt Circuit Court. — Ho». W. C. Ellison, Judge. (1) The court erred in making its finding for the plaintiff and rendering its judgment and decree for the plaintiff. No assessment was made of said lands as required by law. To recover there must be a legal assessment or there can be no delinquent taxes. State ex rel. v. Scott, 96 Mo. 72; State v. Spencer, 114 Mo. 574. The action of the assessor having been without notice to. defendant is void. Abbott v. Lindenbower, 42 Mo. 162; Thomas v. Chapin, 116 Mo. 396; R. S. 1899, sec. 9146; Sec. 11350, R. S. 1909; State ex rel. v. Fullerton,…
1Opinion of the Court
RAILE'Y, C.
On March 10, 1911, plaintiff, as collector of Holt county, Missouri, sued defendant to recover one hundred and forty-four dollars and fifteen cents, the aggregate amount of taxes, interest, penalties and costs alleged to be due on six tracts of land, belonging to defendant and located in said county. Said taxes are charged to have been delinquent upon each of said tracts for the year 1906. The petition alleges the election and qualification of said Teare as collector of said county; that defendant was the owner of each of said six tracts of land, which are separately described in…
2Cases cited6 opinions
- State ex rel. Gracy v. Bank of NeoshoSupreme Court of Missouri · 1894
- St. Louis Mutual Life Insurance v. CharlesSupreme Court of Missouri · 1871
- City of Rockland v. UlmerSupreme Judicial Court of Maine · 1892
- North Missouri Railroad v. MaguireSupreme Court of Missouri · 1872
- State ex rel. Dobbins v. ReedSupreme Court of Missouri · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Ford Motor Co. v. GehnerSupreme Court of Missouri · 1930
- State Ex Rel. Merritt v. GardnerSupreme Court of Missouri · 1941
- Wymore v. MarkwaySupreme Court of Missouri · 1935
- St. Francis Levee District v. DorrohSupreme Court of Missouri · 1926
- State Ex Rel. Wyatt v. CantleySupreme Court of Missouri · 1930
1 more not listed; retrieve them via the Exa API.