Legal Opinion

State ex rel. School District v. Dorton

Supreme Court of Missouri

Decided June 28, 1898PublishedCited by 3 opinions

Appeal from Bay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Dorton was a defacto officer, although he may never have taken the oath or given a bond as required by statute. State v. Carroll, 38 Conn. 471; Troop on Pub. Officers, secs. 629 and 630; State v. Dieberger, 90 Mo. 373; Montry v. JJMJuir, 20 Mo. 303; Cole Co. v. Dallmeyer, 101 Mo. 57; Mechem on Pub.

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Appeal from Bay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Dorton was a defacto officer, although he may never have taken the oath or given a bond as required by statute. State v. Carroll, 38 Conn. 471; Troop on Pub. Officers, secs. 629 and 630; State v. Dieberger, 90 Mo. 373; Montry v. JJMJuir, 20 Mo. 303; Cole Co. v. Dallmeyer, 101 Mo. 57; Mechem on Pub. Officers, sec. 909; Clark v. Slunk/, 66 N. O. 63; Wilson v. Kimmel, 109 Mo. 260; Watkins v. Inge, 24 Kan. 612; Thompson v. State, 21 Ala. 54; Flournoy v. Clemants, 7 Ala. 535. (2) The facts that Dorton was present at the time of his…

1Opinion of the CourtBurgess, J.

This is a suit begun by the Orrick school district, against John M. Dorton, as treasurer of said district, to recover from him the sum of $5,120.61, alleged to have been received by him as treasurer of said district which he failed and refused to account for, or pay over to said school district.

Defendant recovered judgment in the court below, from which plaintiff appealed. Since the appeal has been pending in this court John M. Dorton died and the suit was revived in the name of and against James G. Dorton and William H. George, his administrators.

Defendant put in issue the organization of…

2Cases cited5 opinions

  1. Board of Auditors v. BenoitMichigan Supreme Court · 1870
  2. Bush v. Johnson CountyNebraska Supreme Court · 1896
  3. State ex rel. Harris v. BlossomNevada Supreme Court · 1886
  4. Cohn v. BealMississippi Supreme Court · 1883
  5. Orrick School District v. DortonSupreme Court of Missouri · 1894

3Cited by3 opinions

  1. Mansur v. MorrisSupreme Court of Missouri · 1946
  2. State ex rel. School District v. HarterSupreme Court of Missouri · 1905
  3. Heirs of Cogswell v. FreudenauMissouri Court of Appeals · 1902

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