67 Mo. 476 (Mo. 1878), Ranney v. Bader

Citation:67 Mo. 476
Opinion Judge:NORTON, J.
Party Name:RANNEY, Plaintiff in Error, v. BADER.
Attorney:Louis Houck for plaintiff in error. Lewis Brown for defendant in error.
Court:Supreme Court of Missouri
 
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Page 476

67 Mo. 476 (Mo. 1878)

RANNEY, Plaintiff in Error,

v.

BADER.

Supreme Court of Missouri.

April Term, 1878

Error to Cape Girardeau Circuit Court. --HON. D. L. HaWKINS, Judge.

Louis Houck for plaintiff in error.

Lewis Brown for defendant in error.

NORTON, J.

This suit was instituted in the circuit court of Cape Girardeau county, to recover the sum of $67, which it is alleged the defendant, as sheriff and collector of said county, had collected from plaintiff by coercion, the same having been levied on his real estate situated in the township of Cape Girardeau, in said county, as a special tax, to be applied to the payment of interest on certain railroad bonds issued by said county on behalf of said township to the Cape Girardeau & State Line Railroad. It is also alleged in the petition that all the proceedings of the county court in levying the said tax and issuing the bonds were without authority of law and void. The defendant admits in his answer the collection of the sum sued for, and sets up, by way of justification, that the bonds for the payment of the interest on which the tax was levied, were valid and lawful, and that the tax was assessed according to law. The principal recitals of the answer may be found in the case of Ranney v. Bader, 50 Mo. 600. All allegations of the answer were denied by replication, and a trial was had, resulting in a judgment for defendant, from which plaintiff has prosecuted his writ of error to this court. The various objections made to the reception of evidence, and the giving and refusing instructions during the progress of the trial, present but two questions for our determination. 1st. Were the bonds out of which the interest originated, and for the payment of which interest the tax was levied and collected, issued by authority of law? 2nd. If issued without any lawful authority, can the plaintiff recover for the enforced payment of the taxes assessed and levied to pay the interest on them?

1. THE TOWNSHIP RAILROAD AID ACT.

1. The bonds out of which the present controversy arose, were issued by the county court of Cape Girardeau county, on behalf of Cape Girardeau township in said county, under the act of March 23rd, 1868, (Acts 1868, p. 92). The evidence introduced on the trial shows that there were 619 registered and qualified voters in said township, and that at the election held for the purpose of...

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