74 Mo. 443 | Mo. | 1881
This is a proceeding by injunction instituted by John W. Henry, E. L. Edwards, H. Clay Ewing and J. L. Smith in the circuit court of Cole county, to enjoin the defendant, who is the collector of the revenue of
From this notice an inference might be drawn that the school district of Jefferson City, at the time this initiatory step was taken to organize it into a single school district, embraced territory outside of the corporate limits; but whether the land of plaintiffs, upon which the tax complained of was imposed, was within the said territory, is not shown. We could not, therefore, supply by inference what the evidence fails to show, viz: That the property of plaintiffs was embraced in the territory attached to the. Jefferson City school district at the time it was organized in 1867 into a separate school district.
The only remaining question is, did the evidence ad
“ Resolved, That the territory lying east, south and west of the present city limits, to the extent of one and one-half miles from said limits, be, and the same is hereby attached for school purposes to the City of Jefferson.”
Also the following resolution dated July 16th, 1869:
“Resolved, That the order extending the limits of the territory attached for school purposes to the City of Jefferson, passed by this board on August 31st, 1868, and recorded un page 21 of this record, be, and the same is hereby rescinded.”
Also the following resolution dated July 22nd, 1869 :
“Resolved, That the resolution of the 16th inst., in regard to the limits of the school district, does not refer to the out-lots of this city, but they are included within the city district; nor does it affect the southeast fractional quarter of section 1, in township 44, of range 12, which was attached to the city school district by a former board, and before the organization of the city under chapter 47 of the General Statutes of Missouri.”
Defendants also put in evidence a map of the school district of the City of Jefferson, according to the record of the board of education, which defined the boundary of said district and showed that the out-lots of Jefferson City were included in the said boundary; also a map or plat of township 44, range 11, indorsed “ 1873,” and produced by the county clerk as a paper from his office; also a map or plat of township 44, range 11, indorsed, “filed June 4th, 1870, by C. M. Ward, clerk.” Both of these maps showed the boundaries of the school sub-districts in said township and range, and the out-lots of Jefferson City were not included in any of said sub-districts, but were included in
The judgment will be reversed and the cause remanded to the circuit court with directions to dissolve the injunction and dismiss the bill of plaintiffs.
Motion for rehearing overruled.
This is the language of the section as it appears in the General Statutes, For an explanation of its true intent and meaning, see Acts 1868, page 164.