State ex rel. Brown v. Wilson
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. D. H. Eby, Judge. (1) Defendants make a collateral attack on the judgment. Lovett v. Russell, 138 Mo. 477. The county court had express authority given by the statute to pass on the sufficiency of the initial notice and “continue the case for want of sufficient notice or other good cause” (fourth section), to decide all questions as to the “validity of the proceedings” whether “legal or jurisdictional”, to pass upon the necessity for…
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Appeal from Pike Circuit Court. — Hon. D. H. Eby, Judge. (1) Defendants make a collateral attack on the judgment. Lovett v. Russell, 138 Mo. 477. The county court had express authority given by the statute to pass on the sufficiency of the initial notice and “continue the case for want of sufficient notice or other good cause” (fourth section), to decide all questions as to the “validity of the proceedings” whether “legal or jurisdictional”, to pass upon the necessity for any modification of the report of the commissioners in “any respect” and render a “final and conclusive” judgment…
1Opinion of the CourtWoodson, J.
On December 28, 1900, the State of Missouri, at the relation of F. D. Brown, collector of the revenues of Lincoln county, instituted this suit in the circuit court of that county, against the defendant, to recover certain special taxes due the Cap-AuGrris Drainage and Levee District, situate in Monroe township of said county, organized and existing under and by virtue of article Y of chapter 122 of Revised Statutes of 1899.
The petition contained five counts, each based upon separate installments of taxes due.
There was a change of venue taken and the cause was sent to the circuit court of Pike…
2Cases cited22 opinions
- Lingo v. BurfordSupreme Court of Missouri · 1892
- City of St. Louis v. BrownSupreme Court of Missouri · 1900
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- State ex rel. Gracy v. Bank of NeoshoSupreme Court of Missouri · 1894
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3Cited by50 opinions
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- International Paper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1919
- Parker v. Harris County Drainage Dist. No. 2Court of Appeals of Texas · 1912
- Knisely v. LeatheSupreme Court of Missouri · 1914
- State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
45 more not listed; retrieve them via the Exa API.