Legal Opinion

State ex rel. Stotts v. Farmers & Merchants' National Bank

Supreme Court of Missouri

Decided May 31, 1898PublishedCited by 7 opinions

Appeal from Mississippi Circuit Court. — Hon. Heney 0. Riley, Judge. (1) The defendant showed that the collector’s tax books for all the years named were not authenticated as required by law.

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Appeal from Mississippi Circuit Court. — Hon. Heney 0. Riley, Judge. (1) The defendant showed that the collector’s tax books for all the years named were not authenticated as required by law. R. S. 1889, sec. 7576. The failure of the county clerk to so certify the assessor’s book renders it of no official validity and has the further effect to make the collector’s report of delinquent list to the county court unauthorized and invalid, and the county court is without jurisdiction and powerless to act. Howard v. HecJe, 88 Mo. 456; Railroad v. Apperson, 97 Mo. 300; Bagley v. Sligo Fur Go., 120…

1Opinion of the CourtBurgess, J.

This is an action by the collector of Mississippi county to recover back taxes on ten acres of land for the years 1891, 1892 and 1893. The petition is in the usual form, and conceded by defendant to be sufficient. The land described in the petition is as follows: The southeast quarter of the southeast quarter and the south half of the southwest quarter of the southeast quarter of section twenty-nine; the west half of the south half of the southwest quarter of section twenty-eight; the east half of the northeast quarter of the northeast quarter of section thirty-two,; the west half of the west…

2Cases cited5 opinions

  1. Alexander v. RelfeSupreme Court of Missouri · 1881
  2. St. Louis & San Francisco Railway Co. v. AppersonSupreme Court of Missouri · 1888
  3. Howard v. HeckSupreme Court of Missouri · 1885
  4. State ex rel. Miller v. HutchinsonSupreme Court of Missouri · 1893
  5. Taft v. McCullockSupreme Court of Missouri · 1896

3Cited by7 opinions

  1. State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
  2. Hadley v. BerneroMissouri Court of Appeals · 1902
  3. Richmond v. Supreme Lodge Order of Mutual ProtectionMissouri Court of Appeals · 1903
  4. St. Francis Levee District v. DorrohSupreme Court of Missouri · 1926
  5. Reynolds v. Citizens' Railway Co.Supreme Court of Missouri · 1898

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