Mathews v. City of Kansas
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. There was mistake on the part of respondent only in paying the taxes, and none on the part of appellant in receiving them. If appellant should re-pay the taxes, it cannot be placed in statu quo as to the taxes against the lots, and the judgment should be reversed.
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Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. There was mistake on the part of respondent only in paying the taxes, and none on the part of appellant in receiving them. If appellant should re-pay the taxes, it cannot be placed in statu quo as to the taxes against the lots, and the judgment should be reversed. Jiska v. Ringold Co., 57 Iowa 630; Laws of Mo. 1875, § 27, p. 226; U. 8. Bank v. Bank of Ga., 10 Wheat. 333, 358 ; Boas v. TJpdegrove, 5 Barr 516; Guild v. Baldridge, 2 Swan (Tenn.) 303 ; Story Eq. Jur., §§ 147,148; Cooley on Tax., 567; Taylor v. Commissioners, 3 Pen. &…
1Opinion of the Court
Philips, C.
This action was begun in March, 1879, by respondent, Mathews, against the appellant, the City of Kansas. The petition alleged in substance that in January, 1875, the plaintiff was owing to the defendant taxes for the year 1874, assessed on certain lots of the plaintiff in said *233city ; that liis agent, Harriman, for Mm, went to the collector’s office, in said city, in January, 1875, to pay the taxes, and by the mutual mistake of the parties the said agent payed tax on other lots not belonging to plaintiff, which sum so paid he seeks to recover hack. Tbe answer is a general denial.
The…
2Cases cited8 opinions
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- Mayer v. Mayor of New YorkNew York Court of Appeals · 1875
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- Waite v. LeggettNew York Supreme Court · 1828
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3Cited by11 opinions
- Staples v. O'REILLYMissouri Court of Appeals · 1956
- Norton v. BohartSupreme Court of Missouri · 1891
- Benn v. PritchettSupreme Court of Missouri · 1901
- Hethcock v. Crawford CountySupreme Court of Missouri · 1906
- Taylor v. CayceSupreme Court of Missouri · 1888
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