Lamar Township v. City of Lamar
Supreme Court of Missouri
Appeal from Barton Circuit Court.— Hon. B. G. Thurman, Judge. (1) The petition does not state facts, sufficient to constitute a cause of action. It may state a. case against the collector, but not against the city which innocently received the money. 27 Cyc. 865; Case v. Packing Co., 105 Mo. App. 172. (2) It is against equity and the natural justice of the thing for the plaintiff to recover in this case.
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Appeal from Barton Circuit Court.— Hon. B. G. Thurman, Judge. (1) The petition does not state facts, sufficient to constitute a cause of action. It may state a. case against the collector, but not against the city which innocently received the money. 27 Cyc. 865; Case v. Packing Co., 105 Mo. App. 172. (2) It is against equity and the natural justice of the thing for the plaintiff to recover in this case. Hethcoek v. Crawford Co., 200 Mo. 177. (3) These moneys were not sought to be levied, if at all, under the “special road and bridge tax” of section 117691 which follows the constitutional…
1Opinion of the CourtFaeis, J.
This is an appeal from the circuit court of Barton county. We get jurisdiction because the case involves a construction of the revenue laws. [State ex rel. v. Adkins, 221 Mo. 112; State ex rel. v. Hawkins, 169 Mo. 615; St. Louis & San Francisco Ry. Co. v. Gracy, 126 Mo. 472; Morrow v. Surber, 97 Mo. 155.]
The learned trial judge with commendable zeal prepared a written statement of the facts, as also his opinion of the law. After examining his findings and conclusions with great care, we have reached the opinion that his views are sound. We therefore adopt his statement of the facts and his…
2Cases cited25 opinions
- Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
- Badeau v. United StatesSupreme Court of the United States · 1889
- State ex rel. Hadley v. AdkinsSupreme Court of Missouri · 1909
- Ada County v. GessIdaho Supreme Court · 1895
- State v. YoungSupreme Court of Iowa · 1907
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3Cited by38 opinions
- City of Milwaukee v. Milwaukee CountyWisconsin Supreme Court · 1965
- Bride v. City of SlaterSupreme Court of Missouri · 1953
- Fulton v. City of LockwoodSupreme Court of Missouri · 1954
- County of Nodaway v. KidderSupreme Court of Missouri · 1939
- State Ex Rel. Moss v. HamiltonSupreme Court of Missouri · 1924
33 more not listed; retrieve them via the Exa API.