Overall v. Ruenzi
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — IIon. Gilchrist Porter, Judge. This suit was brought by plaintiffs as tax-payers of tho city of St. Charles, in behalf of themselves and all other citizens of said city similarly situated, to restrain said city and its collector of taxes from collecting so much of the tax assessed for general purposes, as was in excess of the limit prescribed by the constitution of 1875. The taxes were such as the city, by its charter, approved March 1st,…
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Appeal from Audrain Circuit Court. — IIon. Gilchrist Porter, Judge. This suit was brought by plaintiffs as tax-payers of tho city of St. Charles, in behalf of themselves and all other citizens of said city similarly situated, to restrain said city and its collector of taxes from collecting so much of the tax assessed for general purposes, as was in excess of the limit prescribed by the constitution of 1875. The taxes were such as the city, by its charter, approved March 1st, 1869, and by its ordinances under such charter was empowered to levy and collect; but it was claimed by the plaintiffs…
1Opinion of the CourtNapton, J.
There are but two points in this case, each ■ *207of which has been very elaborately and ably discussed by the counsel on either side.
1. INJUNCTION AGAINST ILLEGAL TAXATION. In regard to the propriety of an injunction on the 1'acts stated, various authorities cited on either side have been examined, but we deem it necessary only to state the conclusions we have reached Avithout any review of the cases. It Avould be difficult, if not impossible, to reconcile the authorities, either here or elseAvhere. But it is quite apparent that of late years, Avhether by reason of our statute in regard to…
2Cases cited2 opinions
- St. Joseph Board of Public Schools v. PattenSupreme Court of Missouri · 1876
- Southern Hotel Co. v. County Court of St. Louis CountySupreme Court of Missouri · 1876
3Cited by20 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- Fairley v. City of DuluthSupreme Court of Minnesota · 1921
- Valle v. ZieglerSupreme Court of Missouri · 1884
- Jacobs v. CauthornSupreme Court of Missouri · 1922
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