State v. Hein
Supreme Court of Missouri
Appeal from Cooper Circuit Court. The ordering of money to be paid to or warrants issued by County Court justices, in favor of any party, either for real,or pretended services or "as a gratuity, is simply a ministerial or administrative act and not a judicial act; and a willful and gross abuse of authority by a ministerial officer differs from a corrupt decision of a judicial officer, and the language of an indictment against the former does not require the same technical…
Read the full summary
Appeal from Cooper Circuit Court. The ordering of money to be paid to or warrants issued by County Court justices, in favor of any party, either for real,or pretended services or "as a gratuity, is simply a ministerial or administrative act and not a judicial act; and a willful and gross abuse of authority by a ministerial officer differs from a corrupt decision of a judicial officer, and the language of an indictment against the former does not require the same technical words. (State ex rel. Conner v. Cooper County, 17 Mo. 507; Phelps County v. Bishop, 46 Mo. 68.) There could be no…
1Opinion of the CourtWagner, Judge
This was an indictment against the justices of the Cooper County Court, and charges “ that said parties, being then and there justices of the County Court of said county, duly elected, etc., did then and there, under color of their offices as such justices, unlawfully, willfully and by a gross abuse of authority in their official capacity, and under color of their said offices as justices of the said Cooper County Court, draw and order to be drawn on the treasurer of said county a warrant,” etc. The indictment was demurred to as insufficient, and the demurrer was sustained and the State…
2Cases cited1 opinion
- Hempstead v. DarbySupreme Court of Missouri · 1828
3Cited by7 opinions
- State v. BoydSupreme Court of Missouri · 1906
- Burkharth v. StephensMissouri Court of Appeals · 1906
- Missouri v. RagsdaleMissouri Court of Appeals · 1894
- State v. FlynnMissouri Court of Appeals · 1906
- State v. PingerSupreme Court of Missouri · 1874
2 more not listed; retrieve them via the Exa API.