Jacobs v. Cauthorn
Supreme Court of Missouri
■ Appeal from Audrain Circuit Court. — Hon Ernest 8. Gantt, Judge. (1) The $1.25 tax voted being in excess of the constitutional rate is void. Sec. 11, Art. 10, Mo. Constitution; Harrington v. Hopkins, 231 S. W. 263. (2) If sufficient facts are stated *to entitle the party to relief, the conclusions of law the pleader may draw, may, if necessary, be disregarded and the court will grant any relief consistent with the case.
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■ Appeal from Audrain Circuit Court. — Hon Ernest 8. Gantt, Judge. (1) The $1.25 tax voted being in excess of the constitutional rate is void. Sec. 11, Art. 10, Mo. Constitution; Harrington v. Hopkins, 231 S. W. 263. (2) If sufficient facts are stated *to entitle the party to relief, the conclusions of law the pleader may draw, may, if necessary, be disregarded and the court will grant any relief consistent with the case. Sharkey v. McDearmott, 91 Mo. 657; R. S. 1919, sec. 1531; Brick v. Meyers, 196 Mo. App. 296; State ex rel. v. Drainage District, 269 Mo. 453; . Teters v. Tolle, 223 S. W.…
1Opinion of the Court
Injunction to restrain the levying and extending of a tax for the building and repair fund of Consolidated School District No. 1 of Audrain County, Missouri, upon the ground thatStatement. said tax, as voted by the legal voters of the district, is illegal.
The petitioners are qualified voters of the district and the defendants were the County Clerk of Audrain County and the directors of said district, six in number. Said district was a consolidation of parts of four other districts and is known to the law as a "town district" (State ex rel. v. Railroad,263 Mo. 689) as it included the town of…
2Cases cited26 opinions
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
- Pocoke v. PetersonSupreme Court of Missouri · 1914
- State ex rel. McWilliams v. Little River Drainage DistrictSupreme Court of Missouri · 1916
- Harrington v. HopkinsSupreme Court of Missouri · 1921
21 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Rathjen v. Reorganized School District R-IISupreme Court of Missouri · 1955
- Hudgins v. Mooresville Consolidated School DistrictSupreme Court of Missouri · 1925
- Peter v. KaufmannSupreme Court of Missouri · 1931
- Thompson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
- Cooper v. School District of Kansas CitySupreme Court of Missouri · 1951
13 more not listed; retrieve them via the Exa API.