Legal Opinion

State ex rel. Attorney-General v. Speed

Supreme Court of Missouri

Decided June 22, 1904PublishedCited by 13 opinions

Appeal from Cole Circuit Court. — Row. Jas. E. Hazell, Judge. (1) The act does not require the coal oil inspector of the city of St. Louis to pay into the State Treasury the excess fees collected by him over and above seven thousand dollars per annum. There is nothing in the act fixing seven thousand dollars as an annual allowance to the inspector. It does not say that he shall only retain this sum out of the fees collected in each year.

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Appeal from Cole Circuit Court. — Row. Jas. E. Hazell, Judge. (1) The act does not require the coal oil inspector of the city of St. Louis to pay into the State Treasury the excess fees collected by him over and above seven thousand dollars per annum. There is nothing in the act fixing seven thousand dollars as an annual allowance to the inspector. It does not say that he shall only retain this sum out of the fees collected in each year. The period of one year is nowhere mentioned in this section of the statute. The inspector is required to malee a settlement each six months of the fees…

1Opinion of the CourtRobinson, C. J.

This is a proceeding by the State, upon the relation of the Attorney-General, against the defendant Richard B. Speed, to recover the sum of $11,477.72, alleged in the petition to have been retained by defendant from the fees collected by him while coal oil inspector for the city of St. Louis, between the twenty-first day of August, 1899, and the nineteenth day of June, 1901, in excess of the amount allowed to him by law, of seven thousand dollars per annum.

To the petition filed defendant interposed a demurrer, assigning .as his reason why the action therein stated against him should not be…

2Cases cited2 opinions

  1. Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
  2. Henderson v. KoenigSupreme Court of Missouri · 1902

3Cited by13 opinions

  1. Browning-Ferris Industries of Kansas City, Inc. v. DanceMissouri Court of Appeals · 1984
  2. State ex rel. Buchanan County v. ImelSupreme Court of Missouri · 1912
  3. State ex inf. Barker v. SouthernSupreme Court of Missouri · 1915
  4. State ex rel. Moberly Special Road District v. BurtonSupreme Court of Missouri · 1916
  5. Davis v. Jasper CountySupreme Court of Missouri · 1927

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