State ex rel. Clinton County v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Gr. W. Dunn, Judge. ■ (1) The court erred in overruling defendant’s objection to the evidence. The petition oh. its face showed that the taxes sued for were taxes other than “the state tax, and tax necessary to pay the funded or bonded debt, •of the state, the tax for current county expenditures and for schools.” R. S., sec. 6798. The petition was certainly bad and did not state facts sufficient to constitute a cause of action.
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Appeal from Clinton Circuit Court. — Hon. Gr. W. Dunn, Judge. ■ (1) The court erred in overruling defendant’s objection to the evidence. The petition oh. its face showed that the taxes sued for were taxes other than “the state tax, and tax necessary to pay the funded or bonded debt, •of the state, the tax for current county expenditures and for schools.” R. S., sec. 6798. The petition was certainly bad and did not state facts sufficient to constitute a cause of action. R. S., sec. 6799. (2) The court erred in refusing the instruction prayed by defendant. Revised Statuts, section 6798-to…
1Opinion of the CourtNorton, J.
A railroad intergst fund tax amounting to $229.17, and a railroad sinking fund tax for the same amount, was assessed and levied upon the property of defendant by the county court of Clinton county for the year 1880. This suit was brought to enforce the payment of the above tax. Plaintiff had judgment from which defendant appeals. Counsel insist that inasmuch as the above tax sued for was not assessed and levied for current county expenditures the same is void because of non-compliance with the statute authorizing the levy of such a tax.
- By section 6,798 of the Revised Statutes, the county…
2Cases cited1 opinion
- State v. MillerSupreme Court of Missouri · 1874
3Cited by9 opinions
- State ex rel. Trammel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- State ex rel. Brown v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- State Ex Rel. Parish v. YoungSupreme Court of Missouri · 1931
- State ex rel. Cramer v. HagerSupreme Court of Missouri · 1886
- State ex rel. Gibson v. St. Louis, Keokuk & Northwestern RailroadSupreme Court of Missouri · 1895
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