Legal Opinion

State ex rel. Howard v. Estate of Timbrook

Supreme Court of Missouri

Decided February 27, 1912PublishedCited by 8 opinions

Appeal from Caldwell Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The supplemental tax booh and the assessor’s book after the corrections, adjustments and additions to the assessor’s book were made by the board, fixed the liability against “H. Timbrook” almost two years after his death and while the estate was in the hands of the executors.

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Appeal from Caldwell Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The supplemental tax booh and the assessor’s book after the corrections, adjustments and additions to the assessor’s book were made by the board, fixed the liability against “H. Timbrook” almost two years after his death and while the estate was in the hands of the executors. State ex rel. v. Kendrick, 159 Mo. 631; R. S. 1909, sec. 11348; Searing v. Heavy-sides, 106 El. 85. (2) The assessor’s book made by Gomer G. Jones was void because it was not signed or certified by him as required by statute. The court erred in…

1Opinion of the Court

ROY, C.

This is a suit for personal taxes for the year 1906 based on the assessment for 1905 of the personalty of Henry Timbrook, who died September 1, 1905. The suit was begun in the probate court of Caldwell county, by the mere filing of the taxbill. After a judgment for plaintiff, defendants appealed to the circuit court, where, at the June term, 1908, judgment again went against them, and they have ajjpealed to this court.

In March, 1906, in the case of Burns v. Gibson, 195 Mo. 251, this court held that township organization in Linn county was illegal because of the unconstitutionality of…

2Cases cited14 opinions

  1. State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
  2. State ex rel. Gracy v. Bank of NeoshoSupreme Court of Missouri · 1894
  3. Hixon v. Oneida CountyWisconsin Supreme Court · 1892
  4. Connecticut Mutual Life Insurance v. WoodMichigan Supreme Court · 1898
  5. St. Louis & San Francisco Railway Co. v. AppersonSupreme Court of Missouri · 1888

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State Ex Rel. Ford Motor Co. v. GehnerSupreme Court of Missouri · 1930
  2. Williams v. Van PeltNew Mexico Supreme Court · 1930
  3. State Ex Rel. Lane v. CorneliSupreme Court of Missouri · 1941
  4. Telonis v. StaleyUtah Supreme Court · 1940
  5. National Union Fire Insurance v. ForknerCourt of Appeals of Kentucky (pre-1976) · 1927

3 more not listed; retrieve them via the Exa API.

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