Pacific R. R. v. County Clerk of Franklin Co.
Supreme Court of Missouri
Appeal from Franklin Circuit Court. I. The court committed error in allowing the entry made by Miller in the record of the proceedings of the county Board of Equalization, after the institution of this suit, and more than eight months after that board had adjourned sine die, and the record of their proceedings had been written out and signed as the true record of all their proceedings. The clerk had no authority to make the entry.
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Appeal from Franklin Circuit Court. I. The court committed error in allowing the entry made by Miller in the record of the proceedings of the county Board of Equalization, after the institution of this suit, and more than eight months after that board had adjourned sine die, and the record of their proceedings had been written out and signed as the true record of all their proceedings. The clerk had no authority to make the entry. The law does not allow taxes to be increased $738,000 by the mere verbal statement of an irresponsible clerk. II. The powers and authority of the Board are defined…
1Opinion of the CourtNaptoN, Judge
This was an application to the Circuit Court for a mandamus ordering the clerk of the County Court of Franklin county to erase from the assessment books of the county assessor,made for the levying of taxes for the year 1871, and returned by said assessor to the County Court on the 6th day of February, 1871, an alleged interpolation in said assessment books, in these words: “The Pacific R. R. Co. 'assessed for 1873— $738,000.”
It is not necessary to an understanding of the case that the pleadings should be recited. The facts are sufficiently developed in the testimony of O. II. Miller, who was…
2Cited by3 opinions
- State ex rel. Harrison County Bank v. SpringerSupreme Court of Missouri · 1896
- State ex rel. Lehner v. FullertonSupreme Court of Missouri · 1898
- State ex rel. Rice v. HarrisonSupreme Court of Missouri · 1910