St. Louis & San Francisco Railway Co. v. Apperson
Supreme Court of Missouri
Appeal from Laclede Circuit Court. — Hon. W. I. Wallace; Judge. (1) The tax was unconstitutional. No levy for county purposes in excess of fifty cents on the one hundred dollars valuation could have been made, unless there existed at the time á valid subsisting indebtedness.- Under the undisputed evidence the tax was not levied under such a state of facts, and was therefore void.
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Appeal from Laclede Circuit Court. — Hon. W. I. Wallace; Judge. (1) The tax was unconstitutional. No levy for county purposes in excess of fifty cents on the one hundred dollars valuation could have been made, unless there existed at the time á valid subsisting indebtedness.- Under the undisputed evidence the tax was not levied under such a state of facts, and was therefore void. Const, of Mo. art. 10, secs. 11, 12. (2) This was a tax which could not have been levied until an application for, and order of, the circuit -court authorizing the same had first been made and had. And it was…
1Opinion of the CourtSherwood, J.
In September, 1883, the citizens of Laclede county, desiring to raise a fund with which .to construct a courthouse, presented to the county court a petition asking for an election to be held for the purpose of voting upon a proposition to incur an indebtedness of the county for such purpose. The order was made in September, and the election held in November. The order for this election did not specify the amount of Indebtedness which it was proposed to incur, nor was it specified in the notice thereof which was given as required by law, or in the ballots used by the electors participating in…
2Cases cited14 opinions
- Westfall v. . PrestonNew York Court of Appeals · 1872
- Book v. EarlSupreme Court of Missouri · 1885
- State ex rel. Aull v. ShortridgeSupreme Court of Missouri · 1874
- State ex rel. Lexington & St. Louis Railroad v. Saline County CourtSupreme Court of Missouri · 1870
- Town of Warrensburg ex rel. Colbern v. MillerSupreme Court of Missouri · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- B & D Inv. Co., Inc. v. SchneiderSupreme Court of Missouri · 1983
- Fairley v. City of DuluthSupreme Court of Minnesota · 1921
- Black v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1903
- State ex rel. Hayes v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1896
15 more not listed; retrieve them via the Exa API.