State ex rel. Brown v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. Elijah-Robinson, Judge. (1) It was a fatal error to unite school and building' purposes in one levy, as they are wholly separate and distinct under both the constitution and statutes of Missouri. (2) By the method of distribution provided in R. S., sec. 6880, the tax in question when collected became' a part of the public school fund and could not be issued for building purposes or for paying off existing indebtedness.
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Appeal from Montgomery Circuit Court. — Hon. Elijah-Robinson, Judge. (1) It was a fatal error to unite school and building' purposes in one levy, as they are wholly separate and distinct under both the constitution and statutes of Missouri. (2) By the method of distribution provided in R. S., sec. 6880, the tax in question when collected became' a part of the public school fund and could not be issued for building purposes or for paying off existing indebtedness. (3) Taxes cannot be levied for one purpose and-applied after collection to other wholly separate and distinct purposes. It was no…
1Opinion of the CourtHenry, J.
This is an action under sec. 6880 of the Revised Statutes of Missouri to recover of the defendant (appellant here) the sum of $1242.14, taxes for 1878 and 1879, alleged to have been assessed and levied for those years, upon defendant’s property in Montgomery county. The petition is in the statutory form, and the answer a general denial.
Before the trial of the cause, all of said taxes were paid, except $795.34, which appellant contends is in excess of the amount for which it was legally liable, and the question to be determined is whether levies for building school houses and for past…
2Cited by9 opinions
- Rathjen v. Reorganized School District R-IISupreme Court of Missouri · 1955
- Morgan's Louisiana & T. R. & S. S. Co. v. Railroad CommissionSupreme Court of Louisiana · 1902
- St. Louis & San Francisco Railway Co. v. GracySupreme Court of Missouri · 1895
- Thornburg v. School District No. 3Supreme Court of Missouri · 1903
- Bank of Osceola v. OuthwaiteMissouri Court of Appeals · 1892
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