Drainage District Number One v. Bates County
Supreme Court of Missouri
Appeal from Bates Circuit Court. — lion. Charles A. Calvird, Judge. (1) The petition is sufficient. State ex rel. v. Blair, 245 Mo. 686; State ex rel. v. Wilson, 216 Mo. 2-86; State ex rel. v. Angert, 127 Mo. 458. (2) An assessment may be lawfully made against' a county on account of benefits accruing to the roads in the district.
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Appeal from Bates Circuit Court. — lion. Charles A. Calvird, Judge. (1) The petition is sufficient. State ex rel. v. Blair, 245 Mo. 686; State ex rel. v. Wilson, 216 Mo. 2-86; State ex rel. v. Angert, 127 Mo. 458. (2) An assessment may be lawfully made against' a county on account of benefits accruing to the roads in the district. Laws 1905, p. 180; Sec. 5591, R. S. 1909; Wilkins v. Hillman, 1915 H. L, R. A. (Okla.) 254. (3) The taxes, or installments thereof, sued for in .this case, were not barred by the Statute of Limitations. R. S. 1909, sec. 1889; R. S. 1909, see. 11504; Turner v. Burns,…
1Opinion of the CourtGraves, P. J.
In the brief here the plaintiff (appellant) very fairly outlines the case, thus:
“This is a suit by Drainage District No. 1 of Bates County against said county to recover certain installments of benefits assessed against said county for benefits accruing to the public roads of the county within the district.
“The district was organized under what is commonly known as the ‘ County Court Law, ’ now article 4, chapter 41, Revised Statutes 1909, and amendments thereto. The proceedings were had in the county court of said county and the order of incorporation was - made on February 7, 1906. Viewers…
2Cases cited2 opinions
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Gilsonite Construction Co. v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
3Cited by14 opinions
- State Ex Rel. Jones v. NolteSupreme Court of Missouri · 1942
- Harrison & Mercer County Drainage District v. Trail Creek TownshipSupreme Court of Missouri · 1927
- State Ex Rel. Collector of Revenue of St. Louis v. RobertsonMissouri Court of Appeals · 1967
- City of Edina Ex Rel. Pioneer Trust Co. v. School DistrictSupreme Court of Missouri · 1924
- Fort Osage Drainage District of Jackson County v. Jackson CountySupreme Court of Missouri · 1955
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