Christy's Administrator v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action brought by the administrator of William' Christy to recover back taxes paid by him and a preceding administrator to the city of-St. Louis, beyond one-sixteenth of one per cent, per annum,"upon real estate of their intestate, situate in what was known as tbe new limits, brought into the city by the charter of 1841. The facts are the same as in the case of Walker v. The City of St. Louis, 15 Mo.
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Appeal from St. Louis Court of Common Pleas. This was an action brought by the administrator of William' Christy to recover back taxes paid by him and a preceding administrator to the city of-St. Louis, beyond one-sixteenth of one per cent, per annum,"upon real estate of their intestate, situate in what was known as tbe new limits, brought into the city by the charter of 1841. The facts are the same as in the case of Walker v. The City of St. Louis, 15 Mo. Eep. 563. The court below gave judgment for the defendant, from which the plaintiff appealed. The cause was submitted on written arguments…
1Opinion of the CourtScott, Judge
This action is founded on the state of facts that existed in the case of Walker v. The City of St. Louis, 15 Mo. Rep. 563, and grows out of the acts of the city, therein detailed.
The argument addressed to the court, founded on the incapacity of the city, as a corporation, to take and retain the money, the subject of this suit, is unsupported by authority, as by the common law, corporations, as an incident, possess the power to take and hold property, real and personal. The mort-main acts, if they are in force here, will not affect this question, as they do not extend to personalty. Restraints…
2Cases cited2 opinions
- Walker v. City of St. LouisSupreme Court of Missouri · 1852
- Hemingway v. Inhabitants of MachiasSupreme Judicial Court of Maine · 1851
3Cited by7 opinions
- American Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1905
- Jennings v. City of Kansas CityMissouri Court of Appeals · 1991
- State ex rel. Rice v. PowellSupreme Court of Missouri · 1869
- Schueler v. City of KirkwoodMissouri Court of Appeals · 1915
- State ex rel. Bruenting Realty Co. v. ThomasSupreme Court of Missouri · 1919
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