Petring v. Current River Land & Cattle Co.
Missouri Court of Appeals
Appeal from Shannon Circuit Court. — Eon. W. N. Evans, Judge. (1) The Act of 1903 did not go into effect until June 21,1903, and the court erred in giving defendant a lien for any taxes paid before it took effect. Session Acts of 1903, pp. 254 and 255. (2) To give the Act of 1903 any other construction would be to render it retrospective in its operation and therefore unconstitutional.
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Appeal from Shannon Circuit Court. — Eon. W. N. Evans, Judge. (1) The Act of 1903 did not go into effect until June 21,1903, and the court erred in giving defendant a lien for any taxes paid before it took effect. Session Acts of 1903, pp. 254 and 255. (2) To give the Act of 1903 any other construction would be to render it retrospective in its operation and therefore unconstitutional. Constitution of Mo., Art. 2, Sec. 15; Leete v. Bank, 141 Mb. .575, 42 S. W. 1074; St. Louis v. Creamer, 52 Mo. 133; Conway v. Cobb, 37-111. 82; Leete v. Bank, 115 Mo. 184, 21 S. W. 788; Hauessler v. Greer, 78…
1Opinion of the CourtGoode, J.
(after stating the facts). — The contention of the plaintiffs is that the legislative act quoted in the statement has no application to tax sales already made or taxes paid before it took effect; whereas, the defendant contends that it covers those sales as well as *376subsequent tax sales or payments of taxes. It is further urged by the plaintiffs that the claim of the defendant for taxes extinguished prior to- 1897 is barred by the Statute of Limitations, the claim having been asserted in the answer in the present action filed in February, 1903. The judgment of the circuit court gave the act a…
2Cases cited8 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- State ex rel. Blakeman v. HaysSupreme Court of Missouri · 1873
- State ex rel. Parker v. ThompsonSupreme Court of Missouri · 1867
- Moody v. HoskinsMississippi Supreme Court · 1886
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3Cited by10 opinions
- Haarstick v. GabrielSupreme Court of Missouri · 1906
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- Williams v. SandsSupreme Court of Missouri · 1913
- Manwaring v. Missouri Lumber & Mining Co.Supreme Court of Missouri · 1906
- Stewart v. Lead Belt Land Co.Supreme Court of Missouri · 1906
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