Sayre v. Tompkins
Supreme Court of Missouri
Appeal from, Lewis Circuit Court. Plaintiff sought in this action to restrain Tompkins, constable, &c., from selling certain personal property of plaintiff under an assessment of a school tax, claimed by plaintiff to have been illegally made and void; also to restrain the trustees of the school district, who are xnado parties defendant, from taking any steps against plaintiff to collect the said tax.
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Appeal from, Lewis Circuit Court. Plaintiff sought in this action to restrain Tompkins, constable, &c., from selling certain personal property of plaintiff under an assessment of a school tax, claimed by plaintiff to have been illegally made and void; also to restrain the trustees of the school district, who are xnado parties defendant, from taking any steps against plaintiff to collect the said tax. The cause was tried by the court without^a jury, and the injunction was dissolved. The finding of the facts by the court is as follows: “ A neighborhood composed of portions of school townships…
1Opinion of the CourtLeonard, Judge
The relief here sought was by injunction to restrain the defendant from selling the plaintiff’s personal property under an assessment of school taxes, made by the proper school district authorities. This is not a proper case for equitable relief. If the assessment be void, as alleged, it will not protect the officer, nor will a sale divest the plaintiff of his property. The wrong can be fully compensated for at law. It is not in any *446sense an irreparable injury, and no reason exists for transferring the jurisdiction over sucb cases from law to equity. There is as yet no authority of this…
2Cited by18 opinions
- Youngblood v. SextonMichigan Supreme Court · 1875
- State ex rel. Kenamore v. WoodSupreme Court of Missouri · 1900
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
- State Ex Rel. Consolidated School District No. 2 of Pike County v. HaidSupreme Court of Missouri · 1931
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
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