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33 Mo. 244

Hagood v. Hutton

Supreme Court of Missouri

Decided October 15, 1862

Supreme Court of Missouri · decided 1862-10-15

The first section of the sixth article of the charter of the city of Lagrange, approved February 24, 1853, (Acts of 1852-3, p. 225,) provides, that “upon the petition of a majority of the resident tax-payers on real estate within the corporate limits of the city, for that purpose, the city may levy and collect a special tax of not exceeding one per cent, per annum on such real estate, to be appropriated to the subscription and payment for the improvement of roads leading…

Good law ✅— No negative treatment on recordhow we know

Decided 1862-10-15

How this case has been cited

Cited by 3 later decisions — most recently June 1956

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bates, Judge,

¶1delivered the opinion of the court.

¶2This was a petition for an injunction to restrain the City of Lagrange from collecting a special tax upon real estate, levied for the purpose of improving roads outside of the city limits. The defendant answered, and afterward the plaintiff filed an amended petition, which of itself stated no cause of action, and was obviously intended to be only amendatory of, and additional to, the original petition. We do not, however, look beyond the amended petition, and as that states no cause of action, the judgment for the defendants must necessarily be affirmed.

¶3In order, however, to settle the case finally, we add that the Legislature had power to authorize the City of Lagrange to expend money upon the improvement of roads outside of the limits o'f the city.

¶4Judgment affirmed;

Judge Bay concurs; Judge Dryden having been of counsel in the court below did not sit in the case.
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