State v. Barr
Decision Date | 01 February 1898 |
Citation | 44 S.W. 1045,143 Mo. 209 |
Parties | STATE ex rel. ZIEGENHEIN, Collector of Revenue, v. BARR. |
Court | Missouri Supreme Court |
Appeal from St. Louis circuit court; James E. Withrow, Judge.
Suit by the state, on relation of Henry Ziegenhein, collector of revenue for the city of St. Louis, against William E. Barr, to recover for taxes assessed against him as curator, on property belonging to his ward. From a judgment for plaintiff, defendant appeals. Affirmed.
J. D. Johnson, for appellant. E. C. Slevin, for respondent.
This is an appeal from a judgment of the circuit court of the city of St. Louis by William E. Barr, the curator of the estate of Benton Brant, a minor. By mistake Mr. Burr's name was written William E. Barr, instead of Burr, in the petition, but the process was duly served upon Mr. Burr, and he appeared and answered. The certified tax bill contained the same error in the name of the curator, but indicated the person as curator of Benton Brant; and the defendant, in his answer, disclosed that he was in fact curator of said Benton Brant, and continued to be such until after the taxes sued for were levied and had become due, to wit, September 16, 1889. The misnomer of the defendant, after due service upon him, and after a trial upon the merits, is effectually cured by our statute of jeofailes. Having appeared by his right name, and made his defense on the merits, the defendant is bound by the judgment. Parry v. Woodson, 33 Mo. 348; Kronski v. Railway Co., 77 Mo. 370; Chamberlain v. Blodgett, 96 Mo. 483, 10 S. W. 44; Rev. St. 1889, § 2113.
2. The action is prosecuted against the curator for the taxes assessed against him on the property, $16,300, in his hands belonging to his ward, Benton Brant, for the year 1889. Section 7626, Rev. St. Mo. 1889, provides that personal taxes assessed on and after June 1, 1887, shall constitute a debt for which a personal judgment may be recovered in the circuit courts of this state against the party assessed with said taxes. "All actions commenced under this law shall be prosecuted * * * against the person or persons named in the tax bill and said taxes shall be set forth in a tax bill of said personal back taxes duly authenticated by a certificate of the collector and filed with the petition," etc. Accompanying the petition in this case was the following certified tax bill:
City Book, Bill 136a. State, School and City Taxes for 1889 Received of Benton Brant, Wm. E. Barr, Curator..................Dollars Residence, 3412 Morgan and 204 North Third Street Being the amount of State, School and City Taxes for the Year 1889 in St. Louis City, on Real Estate as below detailed, and on Personal Property ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- City Street or Feet Feet Specified Aggregate Amount of Taxes Addition. Block. Lot. North. East. South. West. Valuation. Designation of Taxes. of Assessed ------------------------ Block. Avenue. Front. Deep. Value. Dolls. Cts. Mills. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ STATE. Revenue ........$0.15 cents on $100 Interest ........0.10 cents on 100 Total............0. 25 cents on 100 $16300 48 90 PUBLIC SCHOOL. General.........$0.40 cents on $100 Total..............0.40 cents on 100 CITY. 65 20 Municipal purposes.....$0.98 on $100 Interest on valid 0.40 on 100 Indebtedness Public School Library....0.02 on 100 Total....................1.40 on 100 244 50 Personal TOTAL, -------------- Property, $16300 358 60 --------- Total..... $16300 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I hereby certify this Bill is correct and unpaid....
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