City of St. Joseph ex rel. Gibson v. Forsee
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. W. K. James, Judge. (1) Is this statute mandatory, or merely directory1? If mandatory, then a taxhill made out, as in this case, against a dead person, whom the engineer knew to be dead, and who by no possibility conld be the owner, is absolutely void, and not amendable. In such circumstances the officer makes no mistake, to be corrected or amended; he willfully fails or refuses to obey the law, and his act is a nullity.
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Appeal from Buchanan Circuit Court. — Hon. W. K. James, Judge. (1) Is this statute mandatory, or merely directory1? If mandatory, then a taxhill made out, as in this case, against a dead person, whom the engineer knew to be dead, and who by no possibility conld be the owner, is absolutely void, and not amendable. In such circumstances the officer makes no mistake, to be corrected or amended; he willfully fails or refuses to obey the law, and his act is a nullity. Sedalia v. Gallie, 49 Mo. App. 397; Westport v. Mastín, 62 Mo. App. 657; State ex rel. v. Gibson, 12 Mo. App. 1; Kefferstein v.…
1Opinion of the CourtJohnson, J.
— This is an action upon a special taxbill issued for building a district sewer in St. Joseph, a city of the second class. The bill was made out to “Amanda Corby estate” and recited that Amanda Corby was the owner of the property against which it was issued. It was dated October 5, 1900. Zeilda Forsee is the defendant. It is admitted that Amanda Corby died on the 10th day of January, 1899; *239that at the time of her death she was the record owner of the property described in the taxbill and that defendant was and is her sole heir. During the trial plaintiff asked and obtained leave to amend the…
2Cases cited9 opinions
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Jaicks v. SullivanSupreme Court of Missouri · 1895
- Town of Tipton v. NormanSupreme Court of Missouri · 1880
- Eyerman v. BlaksleySupreme Court of Missouri · 1883
- Seaboard National Bank v. WoestenSupreme Court of Missouri · 1903
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3Cited by7 opinions
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- St. Francis Levee District v. DorrohSupreme Court of Missouri · 1926
- City of Mobile v. Merchants Nat. Bank of MobileSupreme Court of Alabama · 1948
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