State ex rel. McCune v. Carter

214 S.W. 180, 279 Mo. 304, 1919 Mo. LEXIS 151
CourtSupreme Court of Missouri
DecidedJuly 9, 1919
StatusPublished
Cited by5 cases

This text of 214 S.W. 180 (State ex rel. McCune v. Carter) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. McCune v. Carter, 214 S.W. 180, 279 Mo. 304, 1919 Mo. LEXIS 151 (Mo. 1919).

Opinion

BOND, C. J.

Certiorari by the Circuit Court of Audrain County, directed to respondents, the Audrain County Board of Equalization, in their official capacity, requiring them either to have the original record and papers, or to certify to said court a true, full and complete copy of their record as made at their respective sessions, April 3rd, April 24th and May 15, 1916, together with a copy of the several demurrers or pleas in abatement to the jurisdiction of said alleged board, filed in said proceedings by appellants, Jeff D. and Guy McCune, on May 15, 1916, in order that the cir'cuit court might adjudicate upon the legality of such proceedings.

In their petition for said writ of certiorari, relators state that they are residents of Vandalia, Missouri; that the respondents compose the County Board of Equalization of Audrain County; that at a certain meeting o±‘ said board on April 3, 1916, the board raised the assessment of relators, and thereafter duly notified them that the board would meet on the fourth Monday in April, 1916, “to hear reason, if any be given, why such increase should not be made; ’ ’ that on April 24, 1916, said hearing was continued until . May 15th; that on May 12th, relators, with their áttorney, examined the record of said board, and thereupon each had prepared and thereafter filed, a demurrer to the jurisdiction of said board, on the ground that its action was illegal and void for not setting out the class and kind of property and the amount raised on [311]*311each, as required hy law; that sometime between May 12th, the date on which they examined the record of the board, and May 15th, the date to which their hearing was continued, the record of said board dated April 3rd, “was altered, mutilated and changed by some one other than the Clerk of the County Court of Audrain. County. ”

At the trial the record of the board, which was introduced in evidence, showed that on April 3, 1916. the board met; that among other business transacted, the board raised the assessment of Guy McCune, Jeff McCune and of Guy and Jeff McCune as follows:

“Personal Raised. Jeff D. McCune — from $500 to $75,000 ($74,500 in money, notes and bonds; classes 5-6-7-8-9; $500 all other personal. Mayor and city assessor not voting).

“Jeff and Guy McCune — from $100 to $15,000 (Money, notes and bonds; classes 5-6-7-8-9. Mayor and city assessor not voting).

“Guy McCune — $650 to $4,000 ($3,350 money, notes and bonds. Classes 5-6-7-8-9, and $650 all other personal. Mayor and city assessor not voting).”

The following also appears in the records of the board of date Monday, April 24, 1916.

“County Board of Equalization met pursuant to adjournment with J. W. Beagles, C. C. Bledsoe, Judges of the ‘County Court, and T. J. Kelso, County Assessor, J. W. Dry, Ex-mayor of the City of Mexico and J. T. Marshall, Assessor of the City of Mexico, present and the following business was transacted, to-wit:

“Presiding Judge Alex Carter being absent Judge C. C. Bledsoe was elected to preside over the meeting by the board. Jeff D. McCune appears before the board and on his application and by order of the board the hearing of his protest on increase of assessment was continued to Monday, May 15, 1916.

‘ ‘ Guy McCune appears before the board and on his application, and by order of board the hearing of his protest on increase of his assessment was continued to Monday, May 15, 1916.

[312]*312“Jeff and Guy McCnne appear before tbe board and on tbeir application and by order of board, the bearing of tbeir protest on increase of assessment was continued to Monday, May 15, 1916.

“All other items as shown on tbe meeting of board .on April 3, 1916, and not shown on minutes of this meeting, were ordered left as raised by board April 3rd. Tbe boar dadjourned to meet Monday, May tbe 15th, 1916.”

Tbe following also appears on tbe record of tbe board under date May 15, 1916:

“Eugene Pearson, an attorney, appears for Jeff D. McCune and for Guy McCune; and for Jeff D. and Guy McCune jointly, and filed motions for each of the above parties.

“Motion was made and carried that tbe motions as filed by Eugene Pearson for Jeff D. McCune, and for Guy McCune and Jeff D. and Guy McCune, jointly, be not made a matter of record.

“Evidence on tbe assessment of Jeff D. McCune was beard.

“Evidence on tbe assessment of Guy McCune was beard.

“Evidence on tbe assessment of Jeff D. and Guy McCune was beard.

“Motion made and carries that the assessment of Jeff D. and Guy McCune be $15,000 in money; notes and bonds (Classes 5-6-7-8 and 9) as raised April 3rd, 1916.

“Motion made and carries that tbe assessment of Jeff 'D. McCune be $74,500 in money, notes and bonds (Classes 5-6-7-8 anl 9) and $500 all other personal as raised April 3, 1916.

“Motion made and carries that tbe assessment of Guy McCune be placed at $7,732 in money, notes and bonds (classes 5-6-7-8 and 9) and $150 all other personal property.

“Motion made and carries that tbe assessment of Guy McCune be trebled as a penalty for giving a fraudulent list making bis assessment $23,646, $450 in [313]*313class 4 and $23,196 in money, notes and bonds, classes 5-6-7-8 and 9.”

Tbe change of the record of the meeting of April 3, 1916, consisted in the addition thereto of the various classes of property • to which said increases were referable. As to these matters Eos Cauthorn testified that he was Clerk of the County Court; that the entries of April 3rd, April 24th and May 15, 1916, were all in his handwriting; that the writing on the margin (of which complaint is made) was added “after his [Mr. Pearson’s] visit on May 12th” and that he (Cauthorn) “wrote it there by order of the presiding member of the board of equalization . . . and it was read and approved at the last meeting.”

On cross-examination by Mr. Pearson, witness Cam thorn testified as follows:

“Q. What was the occasion of your making this change? A. I was ordered to do so by the county judge, Judge Bledsoe. . . .
“Q. What did the judges say when they came in your office? A. Well, Judge Carter said he didn’t approve that record as it was. Looked it over and said ‘I won’t approve that record as it is.’ ...
“Q. That was after May 12th when Mr. Pearson was there?. A. Yes, sir.
“Q. And before May 15th? A. Yes, sir. . . .
“Q. Didn’t you think it was a little strange he should come in there and order you to make the change in this proceeding? ... A. No, I don’t see why it should if his attention was called to it and he came and looked it over. I don’t see why it should be strange at all.
“Q. Does the board examine your record for the purpose of approval? A. Well, not often. Occasionally they look it -over, especially if they have anything special in their mind that they are not clear about they come and look it over.
“Q. And order you to change it? A. Yes, sir. I changed county records that way.”

[314]

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Cite This Page — Counsel Stack

Bluebook (online)
214 S.W. 180, 279 Mo. 304, 1919 Mo. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mccune-v-carter-mo-1919.