Adams v. Harper
Missouri Court of Appeals
Appeal from the Butler County Circuit Court, Q-eorge H. Benton, Special Judge. The count in the petition, the second then on trial, ought to have contained all the facts necessary to constitute a cause of action, and can not be aided by reference to the preceding, or any other count, in this petition for such facts. Section 121, Bliss on Code Pleading, section 24 ; Alexander v. Ltupe, 11 Mo.
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Appeal from the Butler County Circuit Court, Q-eorge H. Benton, Special Judge. The count in the petition, the second then on trial, ought to have contained all the facts necessary to constitute a cause of action, and can not be aided by reference to the preceding, or any other count, in this petition for such facts. Section 121, Bliss on Code Pleading, section 24 ; Alexander v. Ltupe, 11 Mo. App. ; >597; Rev. Stat., sect. 3512, and note to Henderson v. Richey, 50 Mo. 161. The governor alone, under the constitution and laws, issues commissions to county officials. All others are nullities.…
1Opinion of the CourtThompson, J.
This action is in the nature of a suit in equity to surcharge and falsify an account. The substance of the case made on the pleadings and evidence is, that the defendant was the outgoing and the plaintiff the incoming treasurer of Butler county; that the defendant made a settlement with the plaintiff in which he turned over to him funds of the county to the amount of $10,000.91, taking bis receipt therefor; that among the funds so turned over were seventeen alleged coupons of the county for thirty dollars each, amounting in the aggregate at their face value to five hundred and ten dollars,…
2Cases cited4 opinions
- Alexander v. RelfeSupreme Court of Missouri · 1881
- Richardson v. PittsSupreme Court of Missouri · 1879
- Hunter v. MillerSupreme Court of Missouri · 1865
- Langford v. SangerSupreme Court of Missouri · 1867
3Cited by1 opinion
- Dermott v. PriddyMissouri Court of Appeals · 1903