State ex rel. Barker v. Scott
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Eon. N. M. Pettin- - gill, Judge. (1) The statutory provisions pleaded and relied on by plaintiff make no provision as to when the work for which these fees were paid shall be completed, nor does any other statute'; and’ even if there was a statutory time limit, and the work had not been completed within such time, neither the statute pleaded, not any other, fixes as a penalty for such failure the forfeiture of the fees, nor authorizes the…
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Appeal from Clark Circuit Court. — Eon. N. M. Pettin- - gill, Judge. (1) The statutory provisions pleaded and relied on by plaintiff make no provision as to when the work for which these fees were paid shall be completed, nor does any other statute'; and’ even if there was a statutory time limit, and the work had not been completed within such time, neither the statute pleaded, not any other, fixes as a penalty for such failure the forfeiture of the fees, nor authorizes the State to recover the fees after they have been paid; especially when, as here, the work was done and completed before…
1Opinion of the Court
BROWN, C.
— The petition, filed September 19, 1914, is in three counts, the first of which, omitting caption, is as follows:
‘ ‘ Comes now the plaintiff in the above entitled cause and states that on the-day of January, 1911, defendant was the duly appointed and commissioned clerk of the county court of Clark County, Missouri, and as such entered upon the discharge of his duties on the-day of January, 1911.
“Plaintiff states that in the year 1910 the county assessor of said Clark County duly assessed the real and personal property of said county, under and by virtue of article 2, chapter 17,…
2Cases cited2 opinions
- Lamar Township v. City of LamarSupreme Court of Missouri · 1914
- State ex rel. Gibson v. LounsberrySupreme Court of Missouri · 1894
3Cited by8 opinions
- County of Nodaway v. KidderSupreme Court of Missouri · 1939
- State Ex Rel. Moss v. HamiltonSupreme Court of Missouri · 1924
- State v. WeatherbySupreme Court of Missouri · 1939
- State v. LudwigSupreme Court of Missouri · 1959
- State Ex Rel. Consolidated School District No. 2 of Pike County v. HaidSupreme Court of Missouri · 1931
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