The farmers' union. (Memphis, Mo.) 1891-1895, 1891-07-30
A RECORD OF OUR BOND CASES

James b. Dodge ct al,
executors of Vim. Hill, Returned for
decd, plaintiff, alias pcremp-
VS.. tory mandam
Scotland county, Mo, us.
ct al, defendant,
Filed September Both, 1890,
Information by Hughes set out at
length, ahd signed by hlm as attorney,
in which it is stated as above, the
parties death, etc
Stipulation of Attorneys: 1t is
hereby stipulated that no objection
is or shall be taken to the plea to the
information for alias peremptory
mandamus in the case No. 1852 Hill,
Dodge & Findlcy, executors of VIM
Hill, deceased, vs. Scotland county
court ct al, because the same is not
sworn to but that the same may be
considered 10y the court with the same
force and effect as if verified.
Dated this :ath dav of November,
1890.
+. 7. Hughes, John c. Moore,
Atty REALTORS. Atty responds.
Filed Nov 2ood, 1890.
\. T. Selhy, Clerk.
Law record H. page $40, No. 1872,
L. S. ex rel JAS b. Dodge Mary IL. I
Findley and Evelyn l. Hill, exc GU
tors of VIM Hill, deceased, REALTORS.
County court of Scotland county and
the judges thereof, respondents
1t is herccy agreed in this case
that respondents may have until sec
oEd Monday in November next to
plead to the information herein this
day filed and that issue and service
of alternative writ of mandamus in
said case rs mi ht be issued are here
by waived. and if upon the pleadinps
and facts the court shall hold REALTORS
are entitled to the relief prayed, a
peremptory writ may be proper ami
an order of the county court to re-
ccive and correct the delinquent lists
in such case as this court may deem
proper for it to do so. And the same
order shall be entered in the follow
ing after cases against said county
and county court without pleadines,
to-wit: 753. 754, 755. 763, 765. 757,
1912, 1913, 1923, 1924, 1893, S33,
22223S, 2102, 1924, 2125, 1856, 24S2,
1926, 1926, PTS, $500, 2GoO, 26l0
2611, 2612, 2G15, 26l4, 2902, 2616
1868, 2764, 2765, 1856 and 2767,
+. T. Hughes,
For rcvivOrs and REALTORS.
John c. Moore,
For Sconland Co. and all REALTORS.
In the Circuit Court United States
Eastern Division. Eastern District
Missouri, No. 1872
L. s. ex rel VIM. Hill, relator, J
County court ct al. }
1t is admitted that relator, VIM
Hill. departed this life in February,
last and that Jas. B. Dodge. Mary II
Findley and Evelyn L. Hill are his
duly appointed and qualified cxeeu
tors with power to bring and main
tain all suits and enforce all collec
tons among or belonging to said de
ceased. and that an order of rcviva
in this and cases number 765, 1872
1923, 223S, 2610 and 2763, all being
cases against defendant, Scotland
county and respondents herein, be en-
tered.
+. T. Hughes,
For revivors and estate of VIM Hill
deceased.
John {. Moore.
Pros. Atty Scotland Co., Mo, and 70
all respondents.
, Filed Sept. Both, 1890.
\. ?. Selby, Clerk
In said cause as above stated
Plea to information for alias pei
emptory writ of mandamus.
: For plea to the information iD thu
. above entitled cause as per stipula
ton heretofore filed and order 0
court made in the premises respon
dents say,
, That the judgment was rendere,
t peremptory writ commanding levy 0
taxes issued served and returne,
showing full and complete complianc
Herewith
. That collector Of the revenues i
the agent Of REALTORS and that if h,
has neglected the collection Of take:
the remedy is personal against hin
for neglect Of a duty purely minis
teriai.
That levy Of taxes to pay sait
judgment has been made.
That it is true that under section
1869 and 1927 Il. S. of Missouri tn
5 county court of said county neglect
ed to do their statutory duty in refer
ence to the delinquent lists of tn
collector, whereby it becomes impos
sible for the county clerk to make
back tax book which would protec
l the collector and give him authorit,
to enforce the collection of back tax
; es appearing on said back tax book
That the collector was about to ill
600 suits for back taxks based 0,
, such void back tax book Where
upon the prosecuting attorney in tn
, name Of the state of Missouri pro
, cured of the circuit court of sal,
county decree of perpetual injunc
, ton restraining said collector from
levying to enforce collections by viz
tue of said books, that appeal la
been taken from the judgment il
: said cause to the supreme court 0
: Missouri where the cause is no,
pending undetermined.
Respondents further allegc that II
collection of taxes has been enjoinc
nor have any levy of taxes been dc
clared void, but that the restraint cS
tends only SO far as to forbid enforce
t ment under said book as to what al
= | pearS thereon