Holloway v. Howell County
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Ho». Henry D. Green, Special Judge. (1) The action is for an accounting to determine the amount of money withheld by the county which belongs to'the special road district; not a mandamus to compel immediate payment. Therefore it is not a defense that there will not be a surplus of revenue for 1908 with which to pay the judgment; nor is the fact as alleged in the answer that the county has spent the money in payment of its current expenses.
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Appeal from Howell Circuit Court. — Ho». Henry D. Green, Special Judge. (1) The action is for an accounting to determine the amount of money withheld by the county which belongs to'the special road district; not a mandamus to compel immediate payment. Therefore it is not a defense that there will not be a surplus of revenue for 1908 with which to pay the judgment; nor is the fact as alleged in the answer that the county has spent the money in payment of its current expenses. Vaughn v. Appleby, 136 Mo. 408; State ex rel. v. Johnson, 162 Mo. 261. (2) Under the proviso at the close of section…
1Opinion of the CourtLamm, J.
Suit in equity for an accounting ‘ ‘ and for all equitable relief which the facts of the case warrant.”
*607Brought in the Howell Circuit Court in 1908, the regular judge disqualified himself, and Henry D. Green, Esq., of the Howell bar, was selected as special judge. Qualifying, he tried the case. From a decree for defendant, plaintiffs appeal.
According to the proof the individuals in part composing the aggregation of plaintiffs bear the official relations to the Willow Springs special road district indicated in the title of the cause and alleged in the bill. It appears, also, that the real…
2Cases cited5 opinions
- Spidell v. JohnsonIndiana Supreme Court · 1890
- Decker v. DiemerSupreme Court of Missouri · 1910
- State ex rel. Vaughan v. ApplebySupreme Court of Missouri · 1896
- State ex rel. National Bank v. JohnsonSupreme Court of Missouri · 1901
- Village of Oneida v. Board of SupervisorsNew York Court of Appeals · 1892
3Cited by5 opinions
- Carthage Special Road District v. RossSupreme Court of Missouri · 1917
- State ex rel. Cameron Special Road District v. EverettSupreme Court of Missouri · 1912
- First Trust Co. v. County Board of EducationDistrict Court, E.D. Kentucky · 1933
- Billings Special Road District v. Christian CountySupreme Court of Missouri · 1928
- Little Prairie Special Road District v. Pemiscott CountySupreme Court of Missouri · 1923