Legal Opinion

Life Ass'n of America v. Board of Assessors

Supreme Court of Missouri

Decided March 15, 1872PublishedCited by 9 opinions

Appeal from St. Louis Circuit Court. The assessment levied was illegal and void, and the remedy prayed for should be granted. The provision in the constitution (§ 16, art. xi), that “ no property, real or personal, shall be exempt from taxation,” is not infringed by the law of 1869, which provides that mutual insurance companies doing business in this State shall pay certain sums of money in lieu of the regular amount assessed.

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Appeal from St. Louis Circuit Court. The assessment levied was illegal and void, and the remedy prayed for should be granted. The provision in the constitution (§ 16, art. xi), that “ no property, real or personal, shall be exempt from taxation,” is not infringed by the law of 1869, which provides that mutual insurance companies doing business in this State shall pay certain sums of money in lieu of the regular amount assessed. Under that clause of the constitution the Legislature has a right to commute the amount and say that the corporation shall pay a definite, certain sum, in prosperity…

1Opinion of the CourtWagner, Judge

The assessors of St. Louis county assessed for the year 1870, furniture, money on hand, and bonds and notes of the value of $294,000, belonging to the appellant. To obtain relief from this assessment the proceeding was taken to the Circuit Court by certiorari, but there the assessment was sustained. The appellant is an association organized on the mutual plan for the assurance of lives, and it is claimed that by the law of this State their property is wholly exempt from assessment and taxation. This claim is based on the fortieth section of the act in regard to the incorporation and…

2Cases cited5 opinions

  1. City of Zanesville v. RichardsOhio Supreme Court · 1855
  2. Illinois Central Railroad v. County of McLeanIllinois Supreme Court · 1855
  3. Kneeland v. City of MilwaukeeWisconsin Supreme Court · 1862
  4. State v. NorthSupreme Court of Missouri · 1858
  5. Hunsaker v. WrightIllinois Supreme Court · 1863

3Cited by9 opinions

  1. State ex rel. Cornell v. PoynterNebraska Supreme Court · 1899
  2. State v. BrutonSupreme Court of Missouri · 1964
  3. Southern Railway Co. v. MooreSupreme Court of Georgia · 1910
  4. General American Life Insurance v. BatesSupreme Court of Missouri · 1952
  5. State v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881

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