State ex rel. Cassidy v. Slavens
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, ■ . Judge. The petition filed in the trial court alleged the recovery in that court of a certain judgment by the relator against the City of Kansas, the issuance of an execution .•and the return by the sheriff1 of nulla bona thereon ; that the defendants were the mayor and common council of that city, empowered by its charter to provide by ordinance for the levying and collection of all taxes for city purposes;' and…
Read the full summary
Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, ■ . Judge. The petition filed in the trial court alleged the recovery in that court of a certain judgment by the relator against the City of Kansas, the issuance of an execution .•and the return by the sheriff1 of nulla bona thereon ; that the defendants were the mayor and common council of that city, empowered by its charter to provide by ordinance for the levying and collection of all taxes for city purposes;' and prayed that defendants might be commanded to levy a special tax to pay the execution. The court thereupon •ordered an…
1Opinion of the CourtSherwood, C. J.
l. mandamus: cities: specialtax: execution.
Section 77, 1 "Wagner’s Statutes,. 617, controls this case. That section provides that whenever an execution issued out of any court of p . . , ° record m this State against any incorporated town or city shall be returned unsatisfied, etc., such court may by writ of mandamus compel the proper officers to-levy a special tax to pay such execution and all costs. In our opinion when the remedy provided for by this section is invoked, no formal petition or application for the issuance of an alternative writ is necessary. It would seem to be sufficient to…
2Cited by8 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Lafayette County v. WonderlyCourt of Appeals for the Eighth Circuit · 1899
- State Ex Rel. Sharp v. KnightMissouri Court of Appeals · 1930
- Heather v. City of PalmyraSupreme Court of Missouri · 1925
- Hambleton v. Town of DexterSupreme Court of Missouri · 1886
3 more not listed; retrieve them via the Exa API.