Miller v. Iron County
Supreme Court of Missouri
Appeal from Iron Circuit Court. This was an action under the provisions of the act of December 12, 1855, (R- C. 1855, p. 47,) against the county of Iron to recover damages alleged to have been sustained by the plaintiff by reason of the death of her husband through the gross negligence of the county court of Iron county in not appointing a guardian for and in not confining one Richard Callaway, who had been found, under an inquisition had by said county court, to be of…
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Appeal from Iron Circuit Court. This was an action under the provisions of the act of December 12, 1855, (R- C. 1855, p. 47,) against the county of Iron to recover damages alleged to have been sustained by the plaintiff by reason of the death of her husband through the gross negligence of the county court of Iron county in not appointing a guardian for and in not confining one Richard Callaway, who had been found, under an inquisition had by said county court, to be of unsound mind and dangerous to be permitted to run at large. Plaintiff’s husband was, it was alleged, killed by said Callaway.…
1Opinion of the CourtNaptoN, Judge
We consider it against all the well settled principles of law to hold a county responsible for the action of the county court, held within its limits, in the exercise of that jurisdiction over insane persons confided to it by statute. We do not regard the county court of Iron 'county as in any proper sense a mere agent or servant of that county in exercising its statutory jurisdiction over probate matters, over guardians and minors, lunatics, idiots, and insane persons, apprentices, &c. In this field of jurisdiction, the court is a branch of the state judiciary, exercising in fact a…
2Cited by8 opinions
- North v. HawkinsonSupreme Court of Missouri · 1959
- State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
- La Clef v. City of ConcordiaSupreme Court of Kansas · 1889
- Swineford v. Franklin CountySupreme Court of Missouri · 1880
- Frazier v. School District No. 1Missouri Court of Appeals · 1887
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