County of Marion v. Phillips
Supreme Court of Missouri
Error to Sixth District Court. I. The action of the court in the case at bar was judicial. (The State v. Cooper County, 17 Mo. 507; Sullivan County v. Burgess, 37 Mo. 300 ; Jones v. Brinker, 20 Mo. 87; State, use of, etc., v. Rowland, 23 Mo. 98.) II. The judgment of a court of competent jurisdiction can be impeached for fraud only.
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Error to Sixth District Court. I. The action of the court in the case at bar was judicial. (The State v. Cooper County, 17 Mo. 507; Sullivan County v. Burgess, 37 Mo. 300 ; Jones v. Brinker, 20 Mo. 87; State, use of, etc., v. Rowland, 23 Mo. 98.) II. The judgment of a court of competent jurisdiction can be impeached for fraud only. (Sullivan County v. Burgess, supras Jones v. Blinker, supra; State, use of, v. Rowland, supra; Oldham & Broaddus v. Tremble, 15 Mo. 225 ; Beebe v. Bank of New York, 1 Johns. 555; Stanton v. Edwards, 1 Yes. Jr. 134 ; Ash v. Rogle, 1 Vern. Oh. 367.) The entry of June…
1Opinion of the CourtBliss, Judge
The defendant had been sheriff and tax collector of Marion county, and on the 13th of June, 1865, he, as such collector, settled with the County Court, and the settlement was entered upon its records in the usual manner. In making this settlement the credits contained the following item: “By amount delinquent list allowed by County Court at date, $14,362.22.” This amount was credited to him upon his account of collections for the county revenue, and it was afterwards discovered that the total amount of delinquencies upon the levy for county taxes was only $5,967.72, and that the balance for…
2Cases cited5 opinions
- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
- Hannibal v. Marion CountySupreme Court of Missouri · 1865
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Sparks v. PurdySupreme Court of Missouri · 1847
- Sullivan County v. BurgessSupreme Court of Missouri · 1866
3Cited by19 opinions
- State ex rel. West v. DiemerSupreme Court of Missouri · 1914
- State ex rel. Taylor v. St. Louis County CourtSupreme Court of Missouri · 1871
- Cole County v. DallmeyerSupreme Court of Missouri · 1890
- State v. LudwigSupreme Court of Missouri · 1959
- State ex rel. Scotland County v. EwingSupreme Court of Missouri · 1893
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