State ex rel. Brown v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. John P. Strother, Judge. (1) Neither of the counts in the petition states facts sufficient to constitute a cause of action.
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Appeal from Pettis Circuit Court. — Hon. John P. Strother, Judge. (1) Neither of the counts in the petition states facts sufficient to constitute a cause of action. Each shows that the property of defendant was regularly and legally assessed by the state board for each tax year, beginning with August 1, 1875, and ending August 1, 1878. (2) The county court of Pettis county had no power to make the orders relied upon in this suit levying these taxes a second time in 1879, and the statements and omissions in each of the counts of the petition show that such action of the county court was…
1Opinion of the CourtNorton, C. J.
This suit was brought to recover an *148alleged balance of taxes due from defendant for the-years 1876,1877,1878, and 1879. Plaintiff obtained judgment in the circuit court, from which, defendant has appealed.
It appears fro.m the record before us that the prop-erty of defendant, on the first day of August, 1875, was assessed in May, 1876, by the state board of equalization, in pursuance of section 7, acts 1875, page 120; that, after the completion of the work by the board, the state-auditor certified its action to the clerk of the .county court of Pettis county, setting forth the description,…
2Cases cited4 opinions
- State ex rel. Wilson v. RaineySupreme Court of Missouri · 1881
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- In re the Apportionment of the Railroad School Tax of 1875 & 1876Supreme Court of Missouri · 1883
- State ex rel. Pettis County v. Union Trust Co.Supreme Court of Missouri · 1878
3Cited by10 opinions
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- State ex rel. Trammel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Morrison v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Kansas City Public Service Co. v. RansonSupreme Court of Missouri · 1931
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