Little River Drainage District v. Houck
Missouri Court of Appeals
Appeal from the Circuit Court of Cape Girardeau County. —Hon. Frank Kelly, Judge. (a) The point upon which the appellant relies in this case is that section 5538, R. S. 1909, contains no provision for the collection of the twenty-five cent levy per acre therein named, (b) That it contains no provision making said tax a lien upon real estate or- other property, (c) That it contains no provision for an attorney’s fee.
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Appeal from the Circuit Court of Cape Girardeau County. —Hon. Frank Kelly, Judge. (a) The point upon which the appellant relies in this case is that section 5538, R. S. 1909, contains no provision for the collection of the twenty-five cent levy per acre therein named, (b) That it contains no provision making said tax a lien upon real estate or- other property, (c) That it contains no provision for an attorney’s fee. That, therefore, the tax, the lien, the attorney’s fee prayed for in plaintiff’s petition are unauthorized by law and cannot be collected and that the decision of the lower court…
1Opinion of the Court
This is a suit to foreclose an alleged lien on certain premises described in plaintiff's petition, for special taxes levied by plaintiff upon the real estate therein described, and for interest, costs and attorney's fees. The taxes, on account of which it is alleged the lien exists were levied by virture of the provisions of section 5538, Revised Statutes 1909. After judgment for plaintiff, defendants appealed to the Supreme Court, on account of certain constitutional questions being involved. The Supreme Court transferred the case to this court to be decided upon its merits. See The Little…
2Cases cited5 opinions
- City of Carondelet v. PicotSupreme Court of Missouri · 1866
- Little River Drainage District v. HouckSupreme Court of Missouri · 1920
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- State ex rel. Mispagel v. AngertSupreme Court of Missouri · 1895
- City of Springfield v. StarkeMissouri Court of Appeals · 1902
3Cited by1 opinion
- Little River Drainage District v. FriedleinSupreme Court of Missouri · 1942