Evans v. McFarland
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Non. James T. Neville, Special Judge. (1) It is contended that the levy made by the city authorities of twenty-five cents on the $100 valuation, for the purpose of paying the interest on such bonds, is illegal and invalid, because the rate of taxation necessary to pay such interest and the principal, when it becomes due, was not submitted to the qualified voters of the city and voted- by them at the time the bonds were authorized to be…
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Appeal from Howell Circuit Court. — Non. James T. Neville, Special Judge. (1) It is contended that the levy made by the city authorities of twenty-five cents on the $100 valuation, for the purpose of paying the interest on such bonds, is illegal and invalid, because the rate of taxation necessary to pay such interest and the principal, when it becomes due, was not submitted to the qualified voters of the city and voted- by them at the time the bonds were authorized to be issued by such vote. Just how the bonded debt is conceded to be valid, and yet the power to levy the necessary taxes 'to…
1Opinion of the CourtLamm, J.
— This is an agreed case on the following submission:
“It is hereby stipulated and agreed that the mat*708ter of difference between the plaintiffs and defendant be submitted without the formality of a civil action, under the provisions of section 793, Revised Statutes 1899, as follows:
“1. It is agreed that the plaintiffs are resident taxpaying citizens of the city of West Plains, Missouri.
“2. That said city is a city of the fourth class, organized under the general laws for the organization of cities and towns.
“3. That the defendant is the duly qualified and acting collector of the revenue of said…
2Cases cited7 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- East St. Louis v. AmySupreme Court of the United States · 1887
- Lamar Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1895
- Manker v. FaulhaberSupreme Court of Missouri · 1887
- State ex rel. City of Columbia v. AllenSupreme Court of Missouri · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- State Ex Rel. Consolidated School District No. 8 v. SmithSupreme Court of Missouri · 1938
- McGrew Coal Co. v. MellonSupreme Court of Missouri · 1926
- Territory v. Tan YickHawaii Supreme Court · 1915
- State Ex Rel. Clark County v. HackmannSupreme Court of Missouri · 1920
1 more not listed; retrieve them via the Exa API.