State ex rel. Carroll County v. Roberts
Supreme Court of Missouri
ffljpjpeál from Carroll Circuit Court. I. There is no means of determining, by the settlements, whether the balance claimed is on account of cash collections, notes required to be taken for deferred payments or Carroll county railroad bonds, which he was authorized to take. I. The settlement shows the amount in the sheriff’s hands from that source, and it shows it to be in money. II. That settlement is a record and imports absolute verity.
1Opinion of the CourtSherwood, Judge
Action for breach of sheriff’s bond. Breach assigned was the failure by the sheriff to pay to the county certain monies arising from the sale of swamp lands, sold by him in his official capacity. In support of the claim of the plaintiff, the “final settlement,” as it is termed, made by the sheriff''with the county court, was used as evidence.
It has been claimed here on behalf of the plaintiff, that this settlement, being a record of the county court, imports absolute verity, speaks for itself, and is not open to explanation or contradiction by parol. With respect to this we think otherwise.
Thi…
2Cases cited1 opinion
- County of Marion v. PhillipsSupreme Court of Missouri · 1869
3Cited by13 opinions
- State ex rel. West v. DiemerSupreme Court of Missouri · 1914
- Cole County v. DallmeyerSupreme Court of Missouri · 1890
- State ex rel. Scotland County v. EwingSupreme Court of Missouri · 1893
- State v. BrownOregon Supreme Court · 1882
- Sears v. Stone CountySupreme Court of Missouri · 1891
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