Legal Opinion

State ex rel. Board of Education v. St. Louis, Kansas City & Northern Railway Co.

Supreme Court of Missouri

Decided October 15, 1881PublishedCited by 7 opinions

Appeal from Randolph Circuit Court. — IIon. Q-. H. Burck-HARTT, Judge. The Moberly Board of Education had power to hold the special election, as held, for the purposes set out in the petition. Sess. Acts 1872, pp. 177,178, §§ 2, 8; Sess. Acts 1870, §§ 6, 8, 9, pp. 129,180. Prior to July 1st, 1877, it was not intended that the present constitution should affect any laws in force which could be enforced subject to the limitations in the constitution.

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Appeal from Randolph Circuit Court. — IIon. Q-. H. Burck-HARTT, Judge. The Moberly Board of Education had power to hold the special election, as held, for the purposes set out in the petition. Sess. Acts 1872, pp. 177,178, §§ 2, 8; Sess. Acts 1870, §§ 6, 8, 9, pp. 129,180. Prior to July 1st, 1877, it was not intended that the present constitution should affect any laws in force which could be enforced subject to the limitations in the constitution. Section 1, Schedule to Constitution ; Cooley’s Const. Limit., p. 100; Supervisors of Doddrige v. Stout, 9 W. Ya. 708,705 ; Gahoon v. Comm., 20…

1Opinion of the CourtHenry, J.

On the 21st day of April, 1876, the relator levied a tax of 100 cents on the hundred dollars valuation on alL property, including that of defendant, within said district. Prior to the first Monday in May, 1876, the hoard caused to he certified to the clerk of the county court of Randolph county, the estimates, with a report showing the rates of taxes levied, which were by said clerk duly extended upon the school tax-books. The total amount of taxes levied upon defendant’s property amounted to $4,-151.25, $1,383.75 of which defendant paid, but refused to pay the balance, which was levied for…

2Cases cited5 opinions

  1. Steckert v. City of East SaginawMichigan Supreme Court · 1870
  2. Cruger v. . DoughertyNew York Court of Appeals · 1870
  3. Starr v. City of BurlingtonSupreme Court of Iowa · 1876
  4. St. Joseph Board of Public Schools v. PattenSupreme Court of Missouri · 1876
  5. Town of Cameron v. StephensonSupreme Court of Missouri · 1879

3Cited by7 opinions

  1. Galbreath v. NewtonMissouri Court of Appeals · 1887
  2. Arnold v. HawkinsSupreme Court of Missouri · 1888
  3. Ohio Fuel Supply Co. v. PaxtonDistrict Court, S.D. Ohio · 1924
  4. State v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
  5. Counterman v. Dublin TownshipOhio Supreme Court · 1882

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