State ex rel. Petts v. Staley
Supreme Court of Missouri
Appeal from Bentm Circuit Court.—Hon. James B. G-antt, Judge. This was a suit brought before a justice of the peace of Beuton county by N. B. Petts as collector of that county against John R. Staley and the unknown heirs of John M. Staley, deceased, to enforce the State’s lien for taxes due upon certain lots in the town of Warsaw.
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Appeal from Bentm Circuit Court.—Hon. James B. G-antt, Judge. This was a suit brought before a justice of the peace of Beuton county by N. B. Petts as collector of that county against John R. Staley and the unknown heirs of John M. Staley, deceased, to enforce the State’s lien for taxes due upon certain lots in the town of Warsaw. The constable having returned the defendants not found, an order of publication was made by the justice notifying them of the pendency of the suit and of its object and nature, and publication was duly made. There were no allegations, either in the petition or the…
1Opinion of the Court
I
Sherwood, C. J.
One question in this ease, the jurisdiction of a justice of the peace to take cognizance of -suits for the enforcement of the lien for back taxes, has been recently ruled in this court in favor of said jurisdiction, and in favor, also, of the authority of the justice, in the event the summons issued be returned non est, of ordering publication to be made, and we adhere to the ruling then made. State ex rel. Van Brown v. Branham, 75 Mo. 530.
II
Section 6836, which we have already decided confers jurisdiction on justices of the peace, in cases of this sort, provides that “ if the…
2Cases cited1 opinion
- State ex rel. Van Brown v. Van EverySupreme Court of Missouri · 1882
3Cited by7 opinions
- Harness v. CravensSupreme Court of Missouri · 1894
- Quigley v. Mexico Southern BankSupreme Court of Missouri · 1883
- State ex rel. Gordon v. HopkinsSupreme Court of Missouri · 1885
- Charles v. MorrowSupreme Court of Missouri · 1889
- Myers v. McRaySupreme Court of Missouri · 1893
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