Legal Opinion

Reynolds v. Clark County

Supreme Court of Missouri

Decided May 21, 1901PublishedCited by 8 opinions

Appeal from Clark Circuit Court. — Hon. E. R. McKee, Judge. (1) The county court, as the administrative agent of the county, had full power and authority to make the contract with plaintiff. It pertained to a matter directly affecting the interests committed to its charge, and it would have been remiss in the performance of its duties had it not employed counsel familiar with Federal court procedure to take charge of and. manage the county’s defense to the suit.

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Appeal from Clark Circuit Court. — Hon. E. R. McKee, Judge. (1) The county court, as the administrative agent of the county, had full power and authority to make the contract with plaintiff. It pertained to a matter directly affecting the interests committed to its charge, and it would have been remiss in the performance of its duties had it not employed counsel familiar with Federal court procedure to take charge of and. manage the county’s defense to the suit. That the county court-had the inherent power, independent of an express statute, to make the contract, and charge the county with…

1Opinion of the CourtSherwood, P. J.

The county court of Clark county, employed plaintiff as attorney at law, in litigation, in which the county was sued on'$20,000 of M. & M. R. R. F. B. coupons detached, as well as accrued interest from 1871 up to 1887, when the contract of employment was made. Some $50,000 was involved in the suit, which was then pending in the United States Circuit Court for the Eastern District of Missouri. Judgment went in favor of the county, and the cause was carried by appeal from such court, by L. C. Whit-ford, the plaintiff therein, to the Supreme Court of the United States, where the judgment was…

2Cases cited4 opinions

  1. Kersey v. GartonSupreme Court of Missouri · 1883
  2. McElhinney v. KlineMissouri Court of Appeals · 1878
  3. Thrasher v. Greene CountySupreme Court of Missouri · 1891
  4. Thrasher v. Greene CountySupreme Court of Missouri · 1885

3Cited by8 opinions

  1. Mills v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1920
  2. Marconi Wireless Telegraph Co. v. North Pacific Steamship Co.California Court of Appeal · 1918
  3. Morrow v. Pike CountySupreme Court of Missouri · 1905
  4. Norman v. VandenbergMissouri Court of Appeals · 1911
  5. Graves v. Merchants & Mechanics Mutual Fire InsuranceMissouri Court of Appeals · 1940

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