Town of Potosi v. Casey

• Court: Missouri Supreme Court
• Writing for the Court: RICHARDSON
• Citation: Town of Potosi v. Casey, 27 Mo. 372 (Mo. 1858)
• Decision Date: 31 October 1858
• Parties: THE TOWN OF POTOSI, Appellant, v. CASEY, Respondent.

27 Mo. 372

THE TOWN OF POTOSI, Appellant,

v.CASEY, Respondent.

Supreme Court of Missouri.

October Term, 1858.

1. In a suit instituted in behalf of a town, under the 14th section of the act concerning towns (R. C. 1855, p. 1528), to recover of an individual a tax levied on his property, the defendant cannot show that there was inequality in the valuation by the assessor of the taxable property of the town.

Appeal from Washington Circuit Court.

Carter, for appellant.

Frissell, for respondent.

RICHARDSON, Judge, delivered the opinion of the court.

The town of Potosi brought an action against the defendant, under the authority of the 14th section of the act concerning towns (R. C. 1855, p. 1528), to recover the corporation tax levied on his property. No instructions were asked or given, and the only question presented by the record for our consideration arises on the plaintiff's exception to the admission of improper testimony. The defendant was allowed to prove, against the plaintiff's objection, that there wasinequality in the valuation by the assessor of the taxable property in the town, and witnesses were permitted to give their opinions of the relative value of particular pieces of property, as that H.'s lot...