State ex rel. Dosenbach v. St. Joseph's Convent of Mercy
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. — Hon. W. W. Edwards, Judge. (1) The right of the legislature to repeal defendant’s charter was reserved by the legislature. 1 Revised Statutes 1855, p. 371, section 7, Cooley on Taxation [2 Ed.], p. 72; State, etc. v. Assoc., 11 Mo.
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Appeal from St. Louis Circuit Court. — Hon. W. W. Edwards, Judge. (1) The right of the legislature to repeal defendant’s charter was reserved by the legislature. 1 Revised Statutes 1855, p. 371, section 7, Cooley on Taxation [2 Ed.], p. 72; State, etc. v. Assoc., 11 Mo. App. 570. (2) Section 3 of the charter granting exemption from taxation'was repealed by the constitution of 1865. Art. 11, Sec. 16; and if not repealed by it, it was repealed by the constitution of 1875. Art. 10, sec. 7; see St. Joseph, etc.v. Cudmore, 153 Mo. 6.34; St. Joseph v. Shambaugh, 106 Mo. 557. Sections 6 and 7 were…
1Opinion of the CourtGantt, P. J.
This is ■ an action to enforce a lien for delinquent taxes against certain real estate of the defendant for the years 1883 to 1888 inclusive, amounting to $805.58.
The answer of defendant admits its incorporation and ownership of the lands described in the petition, but avers that by its special charter granted by the legislature of Missouri in 1856-7, and still in force, all of its property is exempt from taxation. This plaintiff denies in his reply.
On the trial, defendant admitted all the allegations of the petition except that its property was subject to assessment or taxation or that it…
2Cases cited5 opinions
- Manker v. FaulhaberSupreme Court of Missouri · 1887
- Blain v. BaileyIndiana Supreme Court · 1865
- Scotland County v. Missouri, Iowa & Nebraska Railway Co.Supreme Court of Missouri · 1877
- State ex rel. Haeussler v. GreerSupreme Court of Missouri · 1883
- State ex rel. Rosenblatt v. Wesleyan Cemetery Ass'nMissouri Court of Appeals · 1882
3Cited by6 opinions
- Washington University v. BaumannSupreme Court of Missouri · 1937
- State ex rel. Morris v. Board of TrusteesSupreme Court of Missouri · 1903
- Gazollo v. McCannMissouri Court of Appeals · 1895
- Boone County Home Mutual Insurance v. AnthonyMissouri Court of Appeals · 1897
- Donnell v. LeeMissouri Court of Appeals · 1902
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