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McDONOUGH v. AYLWARD

No. 57003.

500 S.W.2d 721 (1973)

John J. McDONOUGH, (Plaintiff) Appellant, v. James P. AYLWARD, Jr., Collector, Jackson County, Missouri, (Defendant) Respondent.

Supreme Court of Missouri, Division No. 1.

October 8, 1973.

Attorney(s) appearing for the Case

John J. McDonough, pro se.

Jim T. Reid, Michael D. Fitzgerald, Kansas City, for respondent.

HOLMAN, Judge.

On December 31, 1970, plaintiff paid his real and personal property taxes to the County Collector of Jackson County, Missouri. Amounts totaling $430.25 (primarily school taxes) were paid under protest in accordance with § 139.031 RSMo 1969, V.A.M.S. Thereafter, within the required time, plaintiff filed this suit for the recovery of the taxes so paid under protest. Defendant filed a motion to dismiss based upon the contention that the petition failed...

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