Turner v. Franklin
Supreme Court of Missouri
Error to Miller Circuit Court. This was an. action originally commenced before a justice of the peace to recover damages for a wrongful levy upon and sale of a horse. The defendant justified the alleged trespass, setting up that he made the levy and sale under and by virtue of a warrant and rate-bill issued by a board of school trustees. The plaintiff offered to show that by agreement the property of certain persons was not taxed; that they voted for the levy of the tax.
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Error to Miller Circuit Court. This was an. action originally commenced before a justice of the peace to recover damages for a wrongful levy upon and sale of a horse. The defendant justified the alleged trespass, setting up that he made the levy and sale under and by virtue of a warrant and rate-bill issued by a board of school trustees. The plaintiff offered to show that by agreement the property of certain persons was not taxed; that they voted for the levy of the tax. This was excluded. Plaintiff also offered to prove that notice of the meeting was not given as required by law; that a…
1Opinion of the CourtNapton, Judge
The fourth section of the fifth article of the act regulating common schools, among other duties and powers entrusted to the trustees of a school district, requires them “ to make out a rate-bill, containing the name of each person patronizing such school, and not exempted [from rate-bill,] and the amount for which such person is liable, adding thereto five cents on each dollar for collector’s fees, and to annex thereto a warrant .for the collection thereof, directed to the constable of the township, whose duty it shall be to receive and collect the same.” The eighth section of the seventh…
2Cited by4 opinions
- Glasgow v. RowseSupreme Court of Missouri · 1869
- Bird v. PerkinsMichigan Supreme Court · 1875
- State ex rel. Pacific Railroad v. DulleSupreme Court of Missouri · 1871
- Merchant v. BothwellMissouri Court of Appeals · 1895