Hays v. Dowis

Decision Date31 October 1881
Citation75 Mo. 250
PartiesHAYS v. DOWIS et al., Appellants.
CourtMissouri Supreme Court

Appeal from Schuyler Circuit Court.--HON. ANDREW ELLISON, Judge.

AFFIRMED.

J. B. Gamble for appellants.

Knott & Bailey for respondent.

NORTON, J.

This suit was instituted in the circuit court of Schuyler county to enjoin and restrain defendants, who composed the county court of said county, from levying a tax for the payment of certain bonds and coupons issued by said county court on behalf of Liberty township, in said county, to the Missouri, Iowa & Nebraska Railway Company. The injunction was granted and on final hearing made perpetual, and from this judgment defendants prosecute their appeal. The bonds for the payment of which the tax was about to be levied having been issued under the act of March 23rd, 1868, (Acts 1868, p. 92,) the action of the trial court in enjoining the defendants to levy a tax for their payment, was fully authorized by the following cases: Webb v. Lafayette Co., 67 Mo. 353; State ex rel. v. Brassfield, 67 Mo. 331.

Judgment affirmed, all concurring except Judge HOUGH.

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10 cases
  • State ex rel. Bayha v. Philips
    • United States
    • Missouri Supreme Court
    • February 18, 1889
    ... ... Mechanics' Bank v ... City of Kansas , 73 Mo. 555, and cas. cit.; North St ... Louis Gymnastic Society v. Hudson , 85 Mo. 32; Hays ... v. Dowis , 75 Mo. 250. See also, Harrington v ... Utterback , 57 Mo. 519, and cas. cit. And whatever facts ... furnish basis for an ... ...
  • Sheidley v. Lynch
    • United States
    • Missouri Supreme Court
    • June 4, 1888
  • The State ex rel. Morgan County v. Wilder
    • United States
    • Missouri Supreme Court
    • November 22, 1906
    ...no longer an open question with this court. [Webb v. Lafayette County, 67 Mo. 353; State ex rel. Woodson v. Brassfield, 67 Mo. 331; Hays v. Dowis, 75 Mo. 250.] In the case of ex rel. Stamper v. Holladay, 72 Mo. 499, and State ex rel. Wilson v. Rainey, 74 Mo. 229, the former rulings of this ......
  • State ex rel. Trammel v. Hannibal & St. Joseph Railroad Co.
    • United States
    • Missouri Supreme Court
    • June 10, 1889
    ...and taxes levied to pay the indebtedness created by such subscription cannot be collected. State ex rel. v. Walker, 85 Mo. 44; Hayes v. Dowis, 75 Mo. 250; Weightman v. Clark, 103 U.S. 256; Webb LaFayette County, 67 Mo. 367. Third. The order levying the Omaha railroad taxes for the years 188......
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