Decker v. Diemer
Supreme Court of Missouri
Appeal from Greene Circuit Court. — No». G. H. Skinker, Special Judge. (1) County courts have no implied power to levy taxes. The power must he expressly given by statute, and if conditions as to the exercise of the power are essential, they must be followed.
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Appeal from Greene Circuit Court. — No». G. H. Skinker, Special Judge. (1) County courts have no implied power to levy taxes. The power must he expressly given by statute, and if conditions as to the exercise of the power are essential, they must be followed. When such conditions are made essential to the exercise of the power they must be observed before the power can be lawfully exercised.' State ex rel. v. Eailroad, 87 Mo. 239; E. S. 1899, secs. 9273-4. The evidence showed that the levy made by the court for current county expenses is the same levy which had, in the year preceding,…
1Opinion of the CourtLamm, J.
— Injunction in the circuit court of Greene county, brought May 11, 1909. No temporary restraining order was asked. November 30th plaintiffs filed an amended bill. The abandoned bill is not preserved in the record and we know nothing' óf its allegations.
In substance the amended bill alleges that Bow-land was treasurer of Greene county; that Bowman is a commissioner appointed to select a site for a courthouse in Springfield; that Diemer is the presiding justice, and Reed and Appleby associate justices, of *304the county court of Greene county; that in 1908 “and prior years” there was levied a tax…
2Cases cited11 opinions
- Book v. EarlSupreme Court of Missouri · 1885
- Andrew County ex rel. Kirtley v. SchellSupreme Court of Missouri · 1896
- Anderson v. Ripley CountySupreme Court of Missouri · 1904
- Vitt v. OwensSupreme Court of Missouri · 1868
- State ex rel. Trammel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Reed v. Sale Memorial Hospital & ClinicMissouri Court of Appeals · 1985
- Assessment of Collateral Inheritance Tax v. Estate of QuirkSupreme Court of Missouri · 1914
- B-W Acceptance Corp. v. BenackMissouri Court of Appeals · 1967
- Pulitzer Publishing Co. v. McNicholsMissouri Court of Appeals · 1913
- Vining v. ProbstMissouri Court of Appeals · 1945
11 more not listed; retrieve them via the Exa API.