Girardeau v. Buehrmann
Supreme Court of Missouri
Appeal from Gape Girardeau Court of Common Pleas. HoN. AlexANdee Ross, Judge. (1) Tbe trial court erred in not sustaining appellant’s objection to the introductions of any evidence in behalf of' plaintiff. The petition did not state a cause of action, and said action was prematurely brought, being brought within four months after the taxes became delinquent.
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Appeal from Gape Girardeau Court of Common Pleas. HoN. AlexANdee Ross, Judge. (1) Tbe trial court erred in not sustaining appellant’s objection to the introductions of any evidence in behalf of' plaintiff. The petition did not state a cause of action, and said action was prematurely brought, being brought within four months after the taxes became delinquent. The charter- and ordinance of plaintiff requires that no suit for delinquent taxes should be brought within twelve months after they became delinquent. R. S. Ord. Cape Girardeau, sec. 60; Heard v. Ritchey, 112 Mo. 516; Turk v. Stahl, 53…
1Opinion of the CourtGantt, P. J.
This is an action for city taxes and involves a construction of the revenue laws of this State, and appellate jurisdiction is thereby conferred upon this court.
The city of Cape Girardeau at the time of the commencement of this action was a city organized under a special charter-approved March 29, 1812 (Laws of Missouri 1812, p. 328), and as such had power to levy and collect taxes not exceeding three-quarters of one per cent per annum upon all property, real, personal or mixed, taxable by law for State and county purposes. [Art. 3, sec. 1, Act of 1872, p. 332.]
Annetta Buehrmann was a resident…
2Cases cited2 opinions
- Rich Hill Coal Mining Co. v. NeptuneMissouri Court of Appeals · 1885
- State ex rel. Ziegenhein v. SpencerSupreme Court of Missouri · 1893
3Cited by4 opinions
- State Ex Rel. Ford Motor Co. v. GehnerSupreme Court of Missouri · 1930
- City of Hannibal ex rel. Bassen v. BowmanMissouri Court of Appeals · 1903
- Mammoth City v. SnowUtah Supreme Court · 1926
- Opinion No. (1997), Missouri Attorney General Reports1997