202 Mo. 377 | Mo. | 1907
TMs case is brought to this court by appeal on the part of the plaintiff from a judgment of the Lincoln County Circuit Court in a suit by the collector of Lincoln county, Missouri, against George A. Hamilton, for the taxes due from the estate of Ms ward, Charles M. Hamilton, a minor, for the years 1897,1898 and 1899. We deem it unnecessary to burden this statement by reproducing the petition in the cause. There were three suits for taxes, one for each of the years as heretofore indicated, and by order of the court they were consolidated. The cause was submitted to the court upon the evidence introduced and the court made the following finding of facts:
“That the last surviving parent of the minor died
“That the residence of said minor from the death of his said last surviving parent was with his aunt in District No. 6, Township 501, Range 1 west, in said county; that the taxes should have been assigned and set apart to said District No. 6, Township 50, Range 1 west. It is therefore ordered and adjudged that the defendant pay the state and county taxes without penalty. That defendant pay the school taxes according to the current rate in District No. 6, Township 50, Range 1 west, and that the said taxes be transferred to said District No. 6, Township 50, Range 1 west, and that defendant pay the costs of this finding.”
And afterwards on the same day and date entered the following judgment, to-wit:
“Now comes the parties to the above cause and
‘ ‘ The court finds that the residence of said minor at the time said assessments were made was with his aunt in school district No. 6, Tp. 501, R. 1 W., and had been from the time he went ’to live with his said aunt after the death of his parents.
“The court therefore upon the finding aforesaid, orders, adjudges and determines that the plaintiff have and recover of the defendant the state and county taxes as set out in the said taxbills, to-wit: the sum of six hundred and fifteen and 58-100 dollars, without penalty or interest, and that he pay the school taxes on said property of said minor SO' assessed according to the current rate in School District No. 6, Tp. 50, R. 1 W., and that said amount of school tax when so paid be transferred to School District No. 6, Tp. 50, R. 1 W., and that plaintiff have and recover of defendant his' costs and charges in this behalf expended.”
After an unsuccessful motion for a new trial on the part of the plaintiff, he in proper time and in due form prosecuted this appeal to this court, and the record is now„ before us for consideration.
OPINION.
The record before us discloses that there is practically no dispute as to the facts involved in this controversy. The father and mother of the minor, Charles M. Hamilton, lived in Troy, which is in School District No. 4, Township 49', Eange 1 west. Both of these parents died prior to 1888. At the time of their death Charles M. Hamilton, the minor, was eight or nine years old, and upon the death of his mother, his last surviving parent, he was taken charge of by his aunt,
It is apparent that there is but one question for
We have carefully analyzed the facts as found by the court, as well as the agreed statement of facts upon which the cause was submitted to the court, and we think it is clear that neither the minor, Charles M. Hamilton, nor the curator,- George A. Hamilton, was a resident of or domiciled at the time the assessments involved in this, proceeding were made in the Troy School District. Charles M. Hamilton, the minor, had lived with his aunt’s family more than ten years before the assessments were made and received the benefits and advantages of the public school in that district. The proposition as to whether the taxes should have been assessed for the benefit of the school district where the minor was domiciled with his aunt or whether for the benefit of the district where the curator, George A. Hamilton, resid'ed, is not before us, but it appearing that neither the curator nor the minor resided in or were domiciled in the Troy district for the benefit of which a recovery is sought, in this action, it is clear that the plaintiff is not entitled to recover the taxes for the benefit of that district.
It is insisted by the appellant that the judgment is erroneous for the reason'that it is not responsive to the pleadings, and undertakes to give the benefit of the taxes in dispute to School District No. 6, which is in no way claimed for said district in the issues before the court. While it may be true that this judgment was erroneous in favor of the plaintiff for the benefit of School District No-. 6, yet we are unable to see how plaintiff is to be injured or has any right to complain at the judgment, when it is made so manifest that the
The proposition as to which one of the school districts, the one in which the minor resided or was domiciled, or the’ one in which the curator resided, is entitled to the benefit of the taxes involved in this dispute, not being before us, we shall not undertake to discuss it or make any ruling respecting it. The views of this court as to the manner and method of assessing the property of a minor, is indicated in State ex rel. v. Burr, 143 Mo. 209, and State ex rel. v. Brown, 172 Mo. 374. There being no one in this court who is in any way injured by the judgment of the trial court, making any complaint as to such erroneous judgment, under the facts in this cause, finding no error committed as against the interest and right of the plaintiff, the judgment of the trial court should be affirmed, and it is so ordered.