State ex rel. Spillers v. Johnston
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Now. Samuel Davis, Special Judge. The trial court erred in declaring as a matter of law that under the evidence relator was not entitled to recover, and in rendering its finding for defendant. The Constitution (art. 10, sec. 6), and the Revised Statutes of 1899 (sec. 9119), exempt from taxation lots in incorporated cities to the extent of one acre only from taxation when used exclusively for schools.
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Appeal from Cooper Circuit Court. — Now. Samuel Davis, Special Judge. The trial court erred in declaring as a matter of law that under the evidence relator was not entitled to recover, and in rendering its finding for defendant. The Constitution (art. 10, sec. 6), and the Revised Statutes of 1899 (sec. 9119), exempt from taxation lots in incorporated cities to the extent of one acre only from taxation when used exclusively for schools. “Where a building is xxsed in part for a school house, and in part for other purposes, it is not exempt from taxation. ” Wyman v. St. Louis, 17 Mo. 335; St.…
1Opinion of the CourtLamm, J.
By its. suit in the Cooper Circuit Court (the Hon. Samxxel Davis sitting as special judge), the State sought to recover taxes for the years 1900-1-3 on block 3, Houck’s Addition to Boonville, excepting eighty-four feet off of the south side, aggregating all told in principal, penalties, interest and costs, $375.39.
The evidence being in, the court gave a peremptory instruction for defendant. From a judgment following, the State appeals.
*659No question is made on the petition. It is in conventional form.
Defendant answered confessing owning the land, but denied owing the taxes. For affirmative…
2Cases cited16 opinions
- St. Mary's College v. CrowlSupreme Court of Kansas · 1872
- Keeney v. McVoySupreme Court of Missouri · 1907
- Red v. JohnsonTexas Supreme Court · 1880
- Cassiano v. Ursuline AcademyTexas Supreme Court · 1885
- Kansas City Exposition Driving Park v. Kansas CitySupreme Court of Missouri · 1903
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3Cited by53 opinions
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