Legal Opinion

Ewing v. Vernon County

Supreme Court of Missouri

Decided February 25, 1909PublishedCited by 29 opinions

Transferred from Kansas City Court of Appeals. (1) The record does not, show the filing of any motion for a new trial. The mere recital thereof in the hill of exceptions is insufficient. (2) The record does not show the extension of time for filing hill of exceptions after the term at which judgment was rendered. The filing thereof after the term is unauthorized. (3) The law requires the recorder to “keep” his office at the seat of justice.

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Transferred from Kansas City Court of Appeals. (1) The record does not, show the filing of any motion for a new trial. The mere recital thereof in the hill of exceptions is insufficient. (2) The record does not show the extension of time for filing hill of exceptions after the term at which judgment was rendered. The filing thereof after the term is unauthorized. (3) The law requires the recorder to “keep” his office at the seat of justice. R. S. 1899, sec. 9055. To keep is to preserve — to maintain — to provide for. 18 Am. and Eng. Ency. Law (2 Ed.), 56; Webster’s Dictionary. (4) Where the…

1Opinion of the CourtLamm, P. J.

Plaintiff sues in two counts. The first asks judgment for $118.90 for the reasonable value of janitor service paid out by him as recorder of deeds of Vernon county during certain years of his term as such officer. The alleged grounds of liability are that the law requires him to keep and maintain his office at the seat of justice of said county; that he did keep and maintain it at the courthouse in the city of Nevada; that to keep and maintain it as required by law it was necessary to employ a janitor to keep the rooms of said office in a reasonably clean and comfortable condition for the use…

2Cases cited13 opinions

  1. Lamar Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1895
  2. State ex rel. Rose v. JobSupreme Court of Missouri · 1907
  3. Scanlan v. ChildsWisconsin Supreme Court · 1873
  4. Pennowfsky v. CoerverSupreme Court of Missouri · 1907
  5. Barnard & Co. v. Knox CountySupreme Court of Missouri · 1891

8 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Donovan v. Kansas CitySupreme Court of Missouri · 1943
  2. State v. JamesSupreme Court of Missouri · 1961
  3. McKee v. DowningSupreme Court of Missouri · 1909
  4. Hubbard v. SlavensSupreme Court of Missouri · 1909
  5. Sperry v. HurdSupreme Court of Missouri · 1916

24 more not listed; retrieve them via the Exa API.

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