State ex rel. Cash v. Scott
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. G-. D. Burgess, Judge. (1) The plaintiff’s declaration• of law number one should have been given. ■ Plaintiff’s evidence and the agreed statement shows that plaintiff had made out a prima-facie case, and defendant’s defense and evidence were immaterial and constituted no defense thereto.
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Appeal from Linn Circuit Court. — Hon. G-. D. Burgess, Judge. (1) The plaintiff’s declaration• of law number one should have been given. ■ Plaintiff’s evidence and the agreed statement shows that plaintiff had made out a prima-facie case, and defendant’s defense and evidence were immaterial and constituted no defense thereto. Acts 1867, sec. 8, p. 162 ; R. S., 1879, sec. 6832 ;• State ex rel. v. Harper, 83 Mo. 670. (2) The,plaintiff’s declaration of law number two should have been given: (a) because the certificate of the county clerk to the delinquent list was immaterial so far as the trial…
1Opinion of the CourtBkace, J.
The single question presented for discussion in this case is, whether, in an action on a back-tax bill for delinquent taxes for the year 1876, a recovery *74can be defeated, it appearing that there was no order entered of record by the county court showing that the delinquent list returned by the collector for that year was examined and corrected by the court, and no order-directing that the list as corrected be certified and filed in the office of the county clerk as required by section. 172 of the revenue law of 1872. Sess. Acts, p. 117.
The delinquent list, which is the foundation of the cause…
2Cited by2 opinions
- State ex rel. Wyatt v. VaileSupreme Court of Missouri · 1894
- State ex rel. Miller v. HutchinsonSupreme Court of Missouri · 1893