State v. St. Louis, Kansas City & Northern Railway Co.

This action was commenced in the circuit court of Montgomery county to recover the sum of $391.12, with penalties, fees and costs, which the plaintiff claims is the balance due the county of Montgomery for school taxes for the year 1877, the whole amount for said year being the sum of $1,440.96, and the defendant having reduced it to the amount sued for by having paid $1,049.84. The $391.12 sued for is the- excess over and above forty cents on the $100 levied in said county for school purposes.

*527The petition of the plaintiff is in the ordinary form, and states, in substance, that $1,440.96…