Legal Opinion

State ex rel. Sharp v. Miller

Supreme Court of Missouri

Decided April 15, 1877PublishedCited by 3 opinions

Appeal from Macon Circuit Court.—Hon. J. W. Henry. J uclge. I. The act of 1868 is unconstitutional. Under its provisions, a special school board, with jurisdiction over a fractional part of a fonner district, could incur a large indebtedness, and then, by pushing out their boundaries by a simple resolution, subject the property included within the extension to the payment of liabilities, which the owners had no part in creating, and forcing them into another and different…

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Appeal from Macon Circuit Court.—Hon. J. W. Henry. J uclge. I. The act of 1868 is unconstitutional. Under its provisions, a special school board, with jurisdiction over a fractional part of a fonner district, could incur a large indebtedness, and then, by pushing out their boundaries by a simple resolution, subject the property included within the extension to the payment of liabilities, which the owners had no part in creating, and forcing them into another and different jurisdiction. A whole district, with its school houses and property, may thus be absorbed without their consent. If the…

1Opinion of the CourtNorton, J.

This was a proceeding instituted in the County Court of Macon County, under section 183 Wag. Stat. 1196, for the purpose of obtaining judgment to enforce the lien of the State against certain real estate of defendant, for taxes alleged to be due thereon. TJpon a trial before the County Court, plaintiff obtained jugdment, from which defendent prosecuted an appeal to the Circuit Court, where, upon a new trial, plaintiff again obtained judgment, from which defendant has appealed to this Court. It appears from the evidence in this case, that the town of La Plata was oi'ganized as a separate…

2Cases cited1 opinion

  1. State ex rel. Nesbitt v. Board of EducationSupreme Court of Missouri · 1873

3Cited by3 opinions

  1. Committee for Educational Equality v. StateSupreme Court of Missouri · 2009
  2. State ex rel. Buck v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1915
  3. Committee for Educational Equality v. StateSupreme Court of Missouri · 2009

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