State v. Weatherby

— This is the second appeal in this case. The opinion in the first appeal is reported in 129 S. W. (2d) 887, 344 Mo. 848. In that appeal, we held it was unlawful for the respondent to be paid out of appropriations to the Legal Department for services rendered by respondent as special attorney for the Insurance Department; but we held that respondent did have a right of recoupment if he could show a sufficient unexpended portion of the appropriation to the Insurance Department was transferred to the general revenue of the State, and he could have been legally paid for his services and expenses…