State ex rel. Bauer v. Edwards
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The mandate of this court was to render judgment for “taxes sued for.” Not for interest, penalties and cost and attorney’s fees. (2) Undoubtedly defendants had the' right to be heard on any matter not ■contained in the mandate of this court against them. We were entitled to our day in court. The Constitution grants this, even in tax cases.
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Appeal from Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The mandate of this court was to render judgment for “taxes sued for.” Not for interest, penalties and cost and attorney’s fees. (2) Undoubtedly defendants had the' right to be heard on any matter not ■contained in the mandate of this court against them. We were entitled to our day in court. The Constitution grants this, even in tax cases. (3) The attorney was never legally appointed in this case, because never approved by the mayor. (4) The attorney when properly appointed can only recover his per cent when the money is…
1Opinion of the CourtBrace, P. J.
This was a suit instituted in the circuit court of Cole county for the enforcement of the statutory lien upon certain lots in Jefferson City for delinquent city taxes for the years 1889, 1890, 1891 and 1892, in which the plaintiff recovered judgment in that court for the taxes, interest and costs sued for, and the defendant took an appeal from that judgment to this court, which appeal was heard and determined by this court at its October term, 1896 (State ex rel. v. Edwards, 136 Mo. 360), and the judgment of the circuit court “reversed and the cause remanded with directions to enter judgment…
2Cases cited3 opinions
- Stump v. HornbackSupreme Court of Missouri · 1891
- Rees v. McDanielSupreme Court of Missouri · 1895
- State ex rel. Bauer v. EdwardsSupreme Court of Missouri · 1896
3Cited by15 opinions
- Spitcaufsky v. HattenSupreme Court of Missouri · 1944
- Scullin v. Wabash RailroadSupreme Court of Missouri · 1905
- Tourville v. Wabash RailroadSupreme Court of Missouri · 1899
- Wabash Railroad v. TourvilleSupreme Court of the United States · 1900
- Viertel v. ViertelSupreme Court of Missouri · 1908
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