State ex rel. Christian County v. Gideon
Supreme Court of Missouri
Appeal from Christian Circuit Court. — Hon. James T. Neville, Judge. (1) In its settlements with county officials, .for fees collected, or other funds, the county court acts in a ministerial or administrative capacity, and its acts not being judicial have not the conclusive effect of ordinary judgments.
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Appeal from Christian Circuit Court. — Hon. James T. Neville, Judge. (1) In its settlements with county officials, .for fees collected, or other funds, the county court acts in a ministerial or administrative capacity, and its acts not being judicial have not the conclusive effect of ordinary judgments. Marion County v. Phillips, 45 Mo. 75; State to use v. Roberts, 60 Mo. 402; State to use v. Roberts, 62 Mo. 388; Cole County v. Dallmeyer, 101 Mo. 57; Sears v. Stone County, 105 Mo. 236; Scott County v. Leftwich, 145 Mo. 26. And where the clerk fails to report items or fees collected by him,…
1Opinion of the Court
BRACE, P. T.
This is an appeal from a judgment of the Christian County Circuit Court sustaining a demurrer to the plaintiff’s petition. The petition is as follows:
“The plaintiff states that on the 4th day of November, 1890, the said Martin Y. Gideon having been elected to the office of Clerk of the Circuit Court of said county, he thereby became ex-officio Recorder of Deeds of said county, and on said day he as the principal, and the ren "ining defendants as his securities, made and entered into a bond payable to the State of Missouri in the penal sum of seven thousand *330dollars, conditioned as…
2Cases cited10 opinions
- Cole County v. DallmeyerSupreme Court of Missouri · 1890
- County of Marion v. PhillipsSupreme Court of Missouri · 1869
- Taylor v. WilliamsSupreme Court of Missouri · 1869
- State ex rel. Carroll County v. RobertsSupreme Court of Missouri · 1876
- Sears v. Stone CountySupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Southgate v. KarpMichigan Supreme Court · 1908
- Massey-Harris Harvester Co. v. Federal Reserve BankMissouri Court of Appeals · 1932
- State Ex Rel. Livingston County v. HuntSupreme Court of Missouri · 1941