Riverside Lumber Co. v. Schafer
Supreme Court of Missouri
'Appeal from Cape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. (1) County courts are trustees of the school funds and can only deal with, handle and loan the funds according to the provisions of the statutes, and the statutes require the courts to make the loans and take the security, and the courts cannot delegate such power.
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'Appeal from Cape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. (1) County courts are trustees of the school funds and can only deal with, handle and loan the funds according to the provisions of the statutes, and the statutes require the courts to make the loans and take the security, and the courts cannot delegate such power. Montgomery County v. Auchley, 103 Mo. 504; Secs. 9827, 10808-10813, R. S. 1909; Knox County v. Coggin, 105 Mo. 182; State ex rel. v. Moeller, 48 Mo. 331; State to use v. Bonner, 72 Mo. 387. There could be no loan without an order of court. It must speak by its…
1Opinion of the CourtWoodson, P. J.
This suit was instituted in the court of common pleas of Gape Girardeau county by the plaintiff and appellant, against the judges of the county court and sheriff of said county, to enjoin the sale of Lot 48, Range I, of the city of Cape Girardeau, under and by virtue of a certain mortgage given to secure $1800, borrowed by Mrs. Mattie Y. Adams and her husband, Ben H. Adams, from the school funds of said county.
The facts are undisputed and are as follows, as appears from t'he statements of counsel for appellant and respondents:
Ben H. and Mattie Y. Adams were husband and wife, and the owners of…
2Cases cited8 opinions
- Coe v. RitterSupreme Court of Missouri · 1885
- Russell v. GrantSupreme Court of Missouri · 1894
- General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
- Allen v. SalesSupreme Court of Missouri · 1874
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Peters v. DonaWyoming Supreme Court · 1936
- Drilling Service Co. v. BaeblerSupreme Court of Missouri · 1972
- McGonigle v. FoutchCourt of Appeals for the Eighth Circuit · 1931
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