Legal Opinion

Black v. Early

Supreme Court of Missouri

Decided December 24, 1907PublishedCited by 29 opinions

Appeal from Marion Circuit Court. — Bo». D. B. Eby, Judge. (1) Was the legal existence of defendant school district put in issue? It demanded to be, and was made a party defendant on its application against plaintiff’s consent. It asserts the facts in detail of its organization and legality of it. Plaintiffs must admit or deny it and make the issue by reply. They made the issue under the provisions of section 746, Revised Statutes 1899. School District v. Wallace, 75 Mo.

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Appeal from Marion Circuit Court. — Bo». D. B. Eby, Judge. (1) Was the legal existence of defendant school district put in issue? It demanded to be, and was made a party defendant on its application against plaintiff’s consent. It asserts the facts in detail of its organization and legality of it. Plaintiffs must admit or deny it and make the issue by reply. They made the issue under the provisions of section 746, Revised Statutes 1899. School District v. Wallace, 75 Mo. App. 317. The statute applies to public corporations. Prince v. Town of Lutesville, 25 Mo. App. 317; Walker v. Point…

1Opinion of the CourtLamm, J.

Plaintiffs, Black, Buhl and Delaney, resident taxpayers of the district, for themselves and *287forty others unnamed (designated in the petition and the briefs as “the Forty”), on June 2, 1906, sued in the circuit court of Knox county to enjoin the collection of taxes levied against, their properties for the year 1905 and about to be levied for the year 1906 for the support of the public school of the School District of the Town of Hurdland, and to pay the interest on certain bonds of said district and to create a sinking fund to pay the principal.

A preliminary writ went. Thereat the venue of the…

2Cases cited13 opinions

  1. Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
  2. Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
  3. Shewalter v. PirnerSupreme Court of Missouri · 1874
  4. Land v. ChurchillSupreme Court of Missouri · 1872
  5. State ex rel. Musser v. BirchSupreme Court of Missouri · 1905

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

3Cited by29 opinions

  1. State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
  2. Friedel v. BaileySupreme Court of Missouri · 1931
  3. Spiking School District No. 71 v. Purported "Enlarged School District R-IISupreme Court of Missouri · 1952
  4. State Ex Rel. Aquamsi Land Co. v. HostetterSupreme Court of Missouri · 1935
  5. State ex rel. Audrain County v. HackmannSupreme Court of Missouri · 1918

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

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