Supreme Court of Missouri, 1931

State Ex Rel. Embree v. McGee

State Ex Rel. Embree v. McGee
Supreme Court of Missouri · Decided November 20, 1931 · Atwood
44 S.W.2d 39; 328 Mo. 1183; 1931 Mo. LEXIS 509 (South Western Reporter, Second Series)

State Ex Rel. Embree v. McGee

Opinion of the Court

ATWOOD, J.

This ease was argued with State ex rel. W. C. Hibbs, Treasurer and Ex-Officio Collector of Texas County, Missouri, v. W. J. McGee et al., ante page 1176, although the cases were separately briefed and submitted. While the taxes sued for are for different years and in different amounts, counsel, who are the same in both cases, agree that the only distinguishing feature as far as the issues here involved are concerned is that in this ease the township collector sued, while in the other case the suit was brought by the county treasurer and ex-officio collector. Our rulings in the ITibbs case are also determinative of the issues presented in this appeal. However, because of the township collector’s evident incapacity to sue the judgment in this case is reversed.

All concur.

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