Moore v. Vaughan

Decision Date18 March 1895
Citation30 S.W. 162,127 Mo. 538
PartiesMOORE v. VAUGHAN.
CourtMissouri Supreme Court

Rev. St. § 7815 provides that the road overseers shall cause a list of all able-bodied male persons between certain ages to be filed in the county clerk's office on or before April 1st of each year, and that any person so listed may, on sufficient proof of disability, receive a certificate from the county court exempting him from the road poll tax. Section 7816 provides that the overseers shall, on or before the following October 1st, deliver to a constable for collection a list of persons so listed who have failed to work, and of the amount due from each. Held, that one listed as able-bodied must, to escape the road poll tax, make his proofs of disability, and obtain his certificate of exemption between said 1st days of April and October.

Appeal from circuit court, Newton county; Joseph Cravens, Judge.

Action by Allen Moore, for the use of road district No. 1, township 26, range 32, against H. N. Vaughan, to collect a road poll tax. Judgment for defendant, and plaintiff appeals. Reversed.

John T. Sturgis, for appellant. A. J. Harbison and O. L. Cravens, for respondent.

BURGESS, J.

The plaintiff commenced this action before a justice of the peace, and filed the following statement of his cause of action: "List of able-bodied men in road district No. 1, T. 26, R. 32, who have failed to work out their road poll tax in said district for the year 1891, viz.: H. N. Vaughan, 4 days, $4.00. I, Allen Moore, road overseer, do solemnly swear that the foregoing is a true list of persons in said road district who have failed to work out their road poll tax in said district for the year 1891, and that the amount is the amount due; that due notice had been given said party to work, as required by law. Allen Moore, Road Overseer. Sworn to and subscribed before me this 1st day of October, 1891. [Seal.] P. R. Smith, Clerk Co. Court." The case was tried by the court, a jury being waived. There was a judgment for defendant, from which plaintiff appealed. On the trial, over the objection and exception of plaintiff, defendant was permitted to prove by oral evidence that he was not, during the year 1891, an able-bodied man, and in this plaintiff contends the court committed error. By section 7815, Rev. St., it is provided that "the road overseers of the several road districts in each county shall furnish and cause a list of all able-bodied male persons between the ages of...

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