Legal Opinion

Powers v. State Dept. of Public Health & Welfare

Missouri Court of Appeals

Decided June 4, 1962No. 23619Published

1Opinion

ON MOTION FOR REHEARING:

2Per curiam

In its motion for rehearing appellant misconceives the effect of our opinion, contending it requires appellant in conducting hearings in public assistance cases to exercise equity jurisdiction belonging only to a court by establishing and enforcing a trust or by determining contractual or property rights as betiveen individuals.

The legislature by statute, Section 208.010 RSMo. 1959, V.A.M.S., has clearly stated what appellant is to do, i. e., determine “the eligibility of a claimant for public assistance”, and states that “In determining the eligibility of a claimant…

3Cases cited3 opinions

  1. Red Rover Copper Co. v. Industrial CommissionArizona Supreme Court · 1941
  2. Ames v. Department of Labor & IndustriesWashington Supreme Court · 1934
  3. State Ex Rel. Union Savs. Loan v. Sup'r Ct.Washington Supreme Court · 1934

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API