State ex rel. Hayes v. The Hannibal & St. Joseph Railroad Company

Decision Date17 November 1896
PartiesThe State ex rel. Hayes, Appellant, v. The Hannibal & St. Joseph Railroad Company
CourtMissouri Supreme Court

Original Opinion of November 17, 1896, Reported at: 135 Mo. 618. [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted]

135 Mo. 618 at 649.

OPINION ON REHEARING.

Per Curiam. -- On rehearing in banc paragraphs numbered 1, 2, and 3 of the foregoing opinion of Brace, P. J., in division number one, are concurred in by all the judges; in paragraph numbered 4, none concur, but instead all the judges, except Brace, C. J., concur in the foregoing opinion of Macfarlane, J., in regard to those taxes. The judgment of the circuit court is therefore reversed and the cause remanded to the circuit court with directions to enter judgment for plaintiff for the amount of taxes sued for except such as are found in these opinions to be illegal.

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5 cases
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    • Missouri Supreme Court
    • December 20, 1920
    ... ... CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, Appellant Supreme Court of Missouri December ... to recover under the penal section of the State statute ... and not otherwise, is apparent from ... State ex rel. v ... Public Service Comm., 270 Mo. 565; 19 ... ...
  • The State ex inf. Hadley v. Corcoran
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    ...139 Mo. 333; Packard v. Richardson, 17 Mass. 144; Ferry v. Ridge, 56 Mo.App. 615; Venable v. Railroad, 112 Mo. 103; State ex rel. v. Railroad, 135 Mo. 618; v. Warfield, 13 Md. 279; Westbrook v. Miller, 56 Mich. 148; Kelley v. Multnomah Co., 18 Ore. 356; 2 Lewis' Sutherland on Statutory Inte......
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