State ex rel. Wilson v. Mastin
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. This is an action by the collector of the revenue for Jackson county to enforce a lien for taxes against defendants’ interests as owners of certain real property in that county. Quite a number of items of tax are sued for in the action, but only one is disputed, viz.: The “Westport Horse Railroad fund tax.” It is unnecessary to state the pleadings, for the decisive facts are admitted.
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Appeal from Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. This is an action by the collector of the revenue for Jackson county to enforce a lien for taxes against defendants’ interests as owners of certain real property in that county. Quite a number of items of tax are sued for in the action, but only one is disputed, viz.: The “Westport Horse Railroad fund tax.” It is unnecessary to state the pleadings, for the decisive facts are admitted. The defense in substance is, that the tax in question is greater than is sanctioned by the statute authorizing the subscription in aid of the…
1Opinion of the CourtBarclay, J.
The tax bills, in an action of this nature, are, by statute, prima facie evidence that the amount claimed therein is just and correct. R. S. 1889, sec. 7682, same as sec. 6837 in the revision of 1879. Such bills, duly authenticated, were admitted in evidence, without objection, indicating as due the amount of taxes for which the trial court ultimately gave the judgment for plaintiff now before us for review. It devolved on defendants (after the bills were thus received in evidence) to show, if possible, that the charge they purported to create upon the taxable property, described therein, was…
2Cases cited3 opinions
- Daniels v. TearneySupreme Court of the United States · 1880
- Ferguson v. LandramCourt of Appeals of Kentucky · 1868
- Rutherford v. HamiltonSupreme Court of Missouri · 1888
3Cited by6 opinions
- State v. DavidSupreme Court of Missouri · 1895
- City of St. Joseph ex rel. Gibson v. FarrellSupreme Court of Missouri · 1891
- McCallister v. RossSupreme Court of Missouri · 1900
- State ex rel. Public Schools of Stoddard County v. CrumbSupreme Court of Missouri · 1900
- Schulte v. CurreyMissouri Court of Appeals · 1913
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