Legal Opinion

Pacific Railroad v. Watson

Supreme Court of Missouri

Decided October 15, 1875PublishedCited by 3 opinions

fljpjpeal from Cole Circuit Court. I. The act of March 10th, 1871, made no provision for assessing the railroad property -for that year, nor did it repeal the provisions of the city charter of .Jefferson City, by which it, had the right to assess the property. (Carondelet vs. Pi cot, 38 Mo., 125 ; State ex rel. vs. Severance, 55 Mo., 378.) I. Objections for misjoinder cannot be raised after a trial upon the merits, and by a motion in arrest.

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fljpjpeal from Cole Circuit Court. I. The act of March 10th, 1871, made no provision for assessing the railroad property -for that year, nor did it repeal the provisions of the city charter of .Jefferson City, by which it, had the right to assess the property. (Carondelet vs. Pi cot, 38 Mo., 125 ; State ex rel. vs. Severance, 55 Mo., 378.) I. Objections for misjoinder cannot be raised after a trial upon the merits, and by a motion in arrest. (Ashley vs. Winston, 26 Mo., 210 ; Russell vs. DeFrance, 39 Mo., 511; Miss. Planing Mill vs. Presbyterian Church, 54 Mo., 520 . Kerr vs. Bell,44= Mo.,…

1Opinion of the CourtVories, Judge

This was a proceeding by writ of certiorari sued out of the Cole Circuit Court, requiring the defendants to certify up to said Circuit Court, their action as a Board of Appeals to correct the tax assessment made by the Assessor for the city of Jefferson for the year 1871, wherein a certain assessment had been made against said railroad company.

The record in this case is a long one, and is gotten up in a very confused manner; but the facts necessary to an understanding of the main points involved in the case are few, and substantially as follows:

The mayor and board of aldermen of the city, had…

2Cases cited1 opinion

  1. State ex rel. K. C., St. J. & C. B. R. R. v. SeveranceSupreme Court of Missouri · 1874

3Cited by3 opinions

  1. Mead v. BrownSupreme Court of Missouri · 1877
  2. State ex rel. Kemper v. St. Louis, Kansas City, & Northern Railway Co.Missouri Court of Appeals · 1881
  3. Bonsor v. Madison CountySupreme Court of Missouri · 1907

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