State ex rel. Vaught v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Missouri
Appeal from Scotland Circuit Court — Hon. Charles D. Stewart, Judge. The. two-mill road tax as ordered by the county court of Scotland County was levied under Sec. 10481, R. S. 1909, and was unconstitutional for the reason that the fifty-cent limitation of section 11, article 10, of the Constitution, had been exhausted by the current expense tax, section 10481, Revised Statutes 1909, being within the limitation of section 11, article 10, of the Constitution.
Read the full summary
Appeal from Scotland Circuit Court — Hon. Charles D. Stewart, Judge. The. two-mill road tax as ordered by the county court of Scotland County was levied under Sec. 10481, R. S. 1909, and was unconstitutional for the reason that the fifty-cent limitation of section 11, article 10, of the Constitution, had been exhausted by the current expense tax, section 10481, Revised Statutes 1909, being within the limitation of section 11, article 10, of the Constitution. State ex rel. v. Railroad, ,87 Mo. 236; Brooks v. Schultz, 178 Mo. 222; Arnold v. Hawkins, 95 Mo. 569; Sees. 10481, 10482, 11422, 1423…
1Opinion of the Court
BROWN, C.
— This is a suit for taxes amounting to $574.12, with penalties and attorneys’ fees, in which the judgment was for the plaintiff. The defendant appeals.
*254The petition states that the taxes sued for were assessed and levied “for county purposes for the general road fund.”
The defendant, after the ordinary general denial, answers as follows:
“Defendant further answering said petition states that the sum of $574.12 alleged as owing by this defendant to the county of Scotland and designated in plaintiff’s petition as.the ‘General Boad Fund’ is obtained by an attempted levy of two' mills per…
2Cases cited11 opinions
- State v. UlrichSupreme Court of Missouri · 1892
- State v. McCarverSupreme Court of Missouri · 1906
- Woolfolk v. TateSupreme Court of Missouri · 1857
- State v. GordonSupreme Court of Missouri · 1906
- Decker v. DiemerSupreme Court of Missouri · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. TuckerSupreme Court of Missouri · 1933
- St. Louis County v. University CitySupreme Court of Missouri · 1973
- State Ex Rel. Johnson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1925
- State ex rel. Blaser v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1918
- State Ex Rel. Covington v. Wabash Railway Co.Supreme Court of Missouri · 1928