Legal Opinion

Walden v. Dudley

Supreme Court of Missouri

Decided February 15, 1872PublishedCited by 10 opinions

Error to Livingston Circuit Court. I. The act of the General Assembly, approved February 26, 1869, extending the corporate limits of the city, is not in conflict with the constitution. (Cooley Const. Lina. 192-3 ; St. Louis v. Allen, 13 Mo. 400 ; St. Louis v. Russell, 9 Mo. 503 ; Sharp v. Dunavan, 17 B. Monr. 223 ; Weeks v. Milwaukee, 10 Wis. 242, 262 ; Langworthy v. Dubuque, 16 Iowa, 271.) II.

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Error to Livingston Circuit Court. I. The act of the General Assembly, approved February 26, 1869, extending the corporate limits of the city, is not in conflict with the constitution. (Cooley Const. Lina. 192-3 ; St. Louis v. Allen, 13 Mo. 400 ; St. Louis v. Russell, 9 Mo. 503 ; Sharp v. Dunavan, 17 B. Monr. 223 ; Weeks v. Milwaukee, 10 Wis. 242, 262 ; Langworthy v. Dubuque, 16 Iowa, 271.) II. The act extending the boundary of the city was not an act granting a new charter or franchise, but was a mere enlargement of and auxiliary to that which it already possessed under its original charter.…

1Opinion of the CourtBliss, Judge

The plaintiff is the owner of real estate within the extended corporate limits of the town of Chillicothe, which was regularly assessed for town taxes. He claims that the land is used exclusively for agricultural purposes; that it is not laid out in lots and blocks, and is not liable to municipal taxation ; and he brings this suit against the collector to recover property seized for the payment of the tax. The plaintiff does not claim any express exemption by statute, but only that the Legislature has no power to include farming land within corporate limits so as to subject it to corporate…

2Cases cited3 opinions

  1. City of St. Louis v. RussellSupreme Court of Missouri · 1845
  2. City of St. Louis v. AllenSupreme Court of Missouri · 1850
  3. St. Louis Building & Savings Ass'n v. LightnerSupreme Court of Missouri · 1871

3Cited by10 opinions

  1. Pacific Railroad v. Cass CountySupreme Court of Missouri · 1873
  2. Bird v. PerkinsMichigan Supreme Court · 1875
  3. Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
  4. Mathews v. DensmoreMichigan Supreme Court · 1880
  5. Giboney v. City of Cape GirardeauSupreme Court of Missouri · 1874

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