State ex rel. Clark v. Gates
Supreme Court of Missouri
Mandamus by Clark, the treasurer of Osage county, to compel Gates, the State Treasurer, to pay to Osage county her proportion of the State school funds for the year 1877. 1. Section 145, p. 1187, 2 Wag. Stat.. was rendered nugatory by the adoption of Sec. 15 of Art. 10 of the constitution of 1875. Lambeth was not bound to use the diligence required in ordinary cases, because the failure of the bank could not work a loss of the special deposits of the State funds.
Read the full summary
Mandamus by Clark, the treasurer of Osage county, to compel Gates, the State Treasurer, to pay to Osage county her proportion of the State school funds for the year 1877. 1. Section 145, p. 1187, 2 Wag. Stat.. was rendered nugatory by the adoption of Sec. 15 of Art. 10 of the constitution of 1875. Lambeth was not bound to use the diligence required in ordinary cases, because the failure of the bank could not work a loss of the special deposits of the State funds. He could not presume that the bank would in violation of law use the funds in its ordinary business, and if a bond was taken, as…
1Opinion of the Court
Sherwood, O. J.
In the manner provided by law the county court of Osage county, in March, 1877, entered an order directing the State Auditor to draw his warrant on the State Treasurer for the sum of $3,198.50, this being the amount ascertained to be due that county as its proportion ,of the public school fund for that year. The warrant was accordingly drawn, payable to Lambeth, then county treasurer, and presented to the- State Treasurer, who, in compliance with the request and direction of Lambeth, “ to send by check ” on a bank in St. Louis, payable to his order, took up and paid the warrant…
2Cases cited3 opinions
- The Floyd AcceptancesSupreme Court of the United States · 1869
- Edwards v. ThomasSupreme Court of Missouri · 1877
- Chouteau v. RowseSupreme Court of Missouri · 1874
3Cited by6 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Green v. WormanMissouri Court of Appeals · 1900
- Morris v. Eufaula National BankSupreme Court of Alabama · 1894
- Hill v. Bank of SenecaMissouri Court of Appeals · 1901
- State v. HigginsSupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.