State ex rel. Scotland County v. Ewing
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon.- Jas. G-. Blair, Special Judge. - (1) Settlement with the county court is not a bar to a suit on the collector’s bond. Nolley v. .Callaway. Comity Court, 11 Mo. 447; State to use v. Smith, 26 Mo. 226; State to use v. Roberts, 60 Mo. 402; State to usev. Smith, 65 Mo. 464; Sidwell v. Birney, 69 Mo. 147; United States v. Echford, 1 Howard, 250. (2) The prosecuting attorney has authority to sue without the order of the county court.
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Appeal from Scotland Circuit Court. — Hon.- Jas. G-. Blair, Special Judge. - (1) Settlement with the county court is not a bar to a suit on the collector’s bond. Nolley v. .Callaway. Comity Court, 11 Mo. 447; State to use v. Smith, 26 Mo. 226; State to use v. Roberts, 60 Mo. 402; State to usev. Smith, 65 Mo. 464; Sidwell v. Birney, 69 Mo. 147; United States v. Echford, 1 Howard, 250. (2) The prosecuting attorney has authority to sue without the order of the county court. Revised Statutes, 1879, secs. 513, 514, 6781, 6823; Revised Statutes, 1889, secs. 637, 638, 7636, 7668; State ex rel. v.…
1Opinion of the CourtMaceaklane, J.
This action is upon the official "bond of Joel Ewing, as collector of Scotland county, to recover certain sums retained by him on settlements as commissions, in excess, as is charged, of what was •due him under the law. Defendants pleaded the settlements in bar.
On the trial it was shown that Ewing was collector of the county during the years 1888 and 1889, and the ■other defendants were securities on his bond. That in 1888 he made settlement with the county court in which he charged himself with $89,064.80 taxes received for collection between March, 1887, and March, 1888, and with…
2Cases cited14 opinions
- Seibert v. LewisSupreme Court of the United States · 1887
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Snelson v. State ex rel. Board of CommissionersIndiana Supreme Court · 1861
- Cole County v. DallmeyerSupreme Court of Missouri · 1890
- Kronenberger v. BinzSupreme Court of Missouri · 1874
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3Cited by16 opinions
- Lamar Township v. City of LamarSupreme Court of Missouri · 1914
- State v. YoungSupreme Court of Iowa · 1907
- State v. LudwigSupreme Court of Missouri · 1959
- State ex rel. Shannon County v. HawkinsSupreme Court of Missouri · 1902
- Hethcock v. Crawford CountySupreme Court of Missouri · 1906
11 more not listed; retrieve them via the Exa API.