Legal Opinion

North St. Louis Gymnastic Society v. Hudson

Missouri Court of Appeals

Decided June 6, 1882PublishedCited by 7 opinions

Appeal from the St. Louis Circuit Court, Thayer, J. The petition does not state a cause of action. Its purpose is to restrain the tax collector from enforcing a tax-bill against real estate, on the alleged ground that the taxes included in the bill were illegally assessed. These averments furnish no ground for the interposition of a court of equity, and do not entitle plaintiff to relief by injunction. — Dorris v. Rosenblatt, 6 Mo.

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Appeal from the St. Louis Circuit Court, Thayer, J. The petition does not state a cause of action. Its purpose is to restrain the tax collector from enforcing a tax-bill against real estate, on the alleged ground that the taxes included in the bill were illegally assessed. These averments furnish no ground for the interposition of a court of equity, and do not entitle plaintiff to relief by injunction. — Dorris v. Rosenblatt, 6 Mo. App. 601. The charter of plaintiff exempts its property to the extent of $50,000 from taxation, “ as long as said property is used only for purposes of education.”…

1Opinion of the CourtBakewell, J.

This is a proceeding to enjoin the collection of taxes for 1881, levied upon real estate described in the petition. The court made a decree in accordance with the prayer of the petition.

There is no dispute about the facts, which are as follows :

Plaintiff is incorporated under a special act of the legislature, approved February 12, 1864, for the purpose of educating children in gymnastics and the elementary branches of education, and the act provides that personal and real property of the institute shall be exempt from taxation, “ as long as said property is used only for the purposes of…

2Cases cited4 opinions

  1. State ex rel. Alexian Brothers' Hospital v. PowersMissouri Court of Appeals · 1881
  2. State ex rel. Alexian Bros. Hospital v. PowersSupreme Court of Missouri · 1881
  3. Wyman v. City of St. LouisSupreme Court of Missouri · 1852
  4. Mechanics' Bank v. City of KansasSupreme Court of Missouri · 1881

3Cited by7 opinions

  1. State ex rel. Spillers v. JohnstonSupreme Court of Missouri · 1908
  2. Gymnastic Ass'n of the South Side of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1906
  3. Willamette University v. KnightOregon Supreme Court · 1899
  4. North St. Louis Gymnastic Society v. HagermanSupreme Court of Missouri · 1911
  5. North St. Louis Gymnastic Society v. HudsonSupreme Court of Missouri · 1884

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