Legal Opinion

City of Clinton ex rel. Thornton v. Henry County

Supreme Court of Missouri

Decided May 8, 1893PublishedCited by 33 opinions

Appeal from Henry Circuit Court. — Hon. D. A. DeAemond, Judge. (1) That the legislature intended to and did confer full and unrestricted power to authorize the city of Clinton to levy the assessment on the property held by the defendant in this case is perfectly certain, and the fact that both constitution and statutes expressly exempt this and other property from taxation, but nowhere from local assessment, demonstrates such intent.

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Appeal from Henry Circuit Court. — Hon. D. A. DeAemond, Judge. (1) That the legislature intended to and did confer full and unrestricted power to authorize the city of Clinton to levy the assessment on the property held by the defendant in this case is perfectly certain, and the fact that both constitution and statutes expressly exempt this and other property from taxation, but nowhere from local assessment, demonstrates such intent. Cook Co. v. Chicago, 103 111. 646; Adams Co. v. Quincy, 130111. 566; Has san v. Rochester, 67 N. Y. 533; Schools v. St. Louis, 26 Mo. 468. (2) The courts of this…

1Opinion of the CourtBla.ce, P. J.

The city of Clinton, a city of the third class and the .county seat of Henry county, caused a number of its streets to be curbed, guttered and macadamized, and issued tax bills to the contractors in payment for the work; and this is a suit in the name of the city to the use of the contractors against Henry county to collect certain of the bills issued, against the courthouse square. This square was duly set apart by the proper county authorities fora “public or courthouse square” as far back as 1836, and the county built a courthouse thereon in 1840. The square is still held by the county and…

2Cases cited19 opinions

  1. Farrar v. City of St. LouisSupreme Court of Missouri · 1883
  2. Inhabitants of Worcester County v. Mayor of WorcesterMassachusetts Supreme Judicial Court · 1874
  3. Hassan v. . City of RochesterNew York Court of Appeals · 1876
  4. Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
  5. City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873

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3Cited by33 opinions

  1. Morrison v. MoreySupreme Court of Missouri · 1898
  2. City of St. Louis v. BrownSupreme Court of Missouri · 1900
  3. City of Huntsville v. Madison CountySupreme Court of Alabama · 1910
  4. Kansas City v. BaconSupreme Court of Missouri · 1898
  5. Johnson v. Riverland Levee Dist.Court of Appeals for the Eighth Circuit · 1941

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