Howard v. State
Supreme Court of Missouri
APPEAL from Morgan Circuit Court. 1. By the demurrers filed to the pleas of defendants, the State admits, that Waid Howard, as sheriff, resigned his office of sheriff of the county, before the collection of tlie revenue, or any part thereof and whilst the same was wholly due and unpaid, and that Joseph Taylor was duly commissioned and qualified as sheriff of the county, and, as such, was ex-officio collector, and did collect the State revenue for the year 1839, amounting to…
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APPEAL from Morgan Circuit Court. 1. By the demurrers filed to the pleas of defendants, the State admits, that Waid Howard, as sheriff, resigned his office of sheriff of the county, before the collection of tlie revenue, or any part thereof and whilst the same was wholly due and unpaid, and that Joseph Taylor was duly commissioned and qualified as sheriff of the county, and, as such, was ex-officio collector, and did collect the State revenue for the year 1839, amounting to the said sum of $317 75 cents, and converted the same to his own use, and that, therefore, the State of Missouri having…
1Opinion of the CourtNapton, J.
This was an action brought by the State against the appellant, upon his official bond, as collector of the revenue in 1839. The first breach assigned in the declaration is, that defendant, as collector for the county of Morgan during the year 1839, received in payment of taxes due the State $317 75, which he, refused and neglected to pay into the State treasury. The second breach is, that the said Howard, as collector of the revenue within the county of Morgan for the year aforesaid, was, on the first day of December of said year, charged upon the books of the auditor of public accounts of…
2Cited by3 opinions
- Edmonston v. JonesMissouri Court of Appeals · 1902
- Price v. AdamsonSupreme Court of Missouri · 1866
- Thompson v. White Sewing Machine Co.Missouri Court of Appeals · 1914