State ex rel. Johnson v. Chicago, Burlington & Quincy Railroad
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The entire constitutional amendment in question is void because the exemption of St. Louis, Kansas City and St. Joseph is an unjust discrimination in favor of those cities against all other cities, towns and villages in the State, and is therefore a violation of the fifth and fourteenth amendments to the Constitution of the United States, which provide that no person shall he deprived of property without due…
Read the full summary
Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The entire constitutional amendment in question is void because the exemption of St. Louis, Kansas City and St. Joseph is an unjust discrimination in favor of those cities against all other cities, towns and villages in the State, and is therefore a violation of the fifth and fourteenth amendments to the Constitution of the United States, which provide that no person shall he deprived of property without due process of law and guaranteeing to all persons the equal protection of the law, etc. State v. Bergsh, 170 Mo. 117;…
1Opinion of the CourtMarshall, J.
— This is an action to recover $1,175.48, and penalties thereon, together with a reasonable attorney’s fee, being a part of the taxes levied for the year 1901 on the property of the defendant in Marion county, “for county purposes ... to be used for road and bridge purposes, but for no other purposes whatever.” There was a judgment for the plaintiff for the taxes and interest and penalties and $200 attorney’s fee, and the defendant appealed.
The petition alleges the official character of the relator as the collector of the revenue for the county; the incorporation of the defendant as a…
2Cases cited4 opinions
- Edye v. RobertsonSupreme Court of the United States · 1884
- City of St. Louis v. SpiegelSupreme Court of Missouri · 1881
- Day v. RobertsSupreme Court of Virginia · 1903
- Owen v. BaerSupreme Court of Missouri · 1900
3Cited by21 opinions
- Anderson v. WoodTexas Supreme Court · 1941
- State Ex Rel. Transport Manufacturing & Equipment Co. v. BatesSupreme Court of Missouri · 1949
- Ettinger v. Studevent Hole v. DiceIndiana Supreme Court · 1942
- Drannek Realty Co. v. Nathan Frank, Inc.Supreme Court of Missouri · 1940
- State ex rel. Buford v. WatkinsSupreme Court of Florida · 1923
16 more not listed; retrieve them via the Exa API.