State v. Davis

— Action under Section 9934, Bevised Statutes 1929, to recover $40.78 alleged to have been illegally withheld by defendant collector as commission for collecting State taxes for 1932. Judgment for defendant, and plaintiff appealed.

The question presented must be determined by a construction of the revenue laws of the State. [State ex rel. Hadley v. Adkins, 221 Mo. 112, 119 S. W. 1091.]

Defendant admits that plaintiff correctly stated the facts as follows :

“The issues involved in this proceeding grow out of Section 9935, B. S. of Mo. 1929, which section provides for a classification of the…