Isenhour v. Barton County
Supreme Court of Missouri
Appeal from Barton Circuit Court. — No». IS. C. Timmonds, Judge. (1) It was originally a question whether county warrants ever drew interest or not. And the authorities are not now unanimous that they do. 1 Dillon’s Mun. Corp. (4 Ed.), sec. 506; 4 Am. and Eng. Ency.
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Appeal from Barton Circuit Court. — No». IS. C. Timmonds, Judge. (1) It was originally a question whether county warrants ever drew interest or not. And the authorities are not now unanimous that they do. 1 Dillon’s Mun. Corp. (4 Ed.), sec. 506; 4 Am. and Eng. Ency. Law (1 Ed.), 362. (2) But it was early ruled in Missouri that they do draw interest, hut only after presentation for payment and failure to pay for lack of funds (and even then the claim for interest must he presented to the county court for allowance, which point was sought to he made in defendant’s original answer in this case,…
1Dissent
DISSENTING OPINION.
MARSPIALL, J.
This is an action to recover on ninety-five county warrants* jury scrips, etc., issued by the defendant county. The petition contains ninety-five counts, one for each of the demands sued for. Demand and protest for non-payment is alleged on February 11th, 1898, and interest, at six per cent, is asked from that date. An assignment is also alleged of said demands to the plaintiff. The answer consents to judgment, for plaintiff, as prayed, upon all the counts except the 10, 12, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 42, and as to these the defendant consents…
2Cases cited15 opinions
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