Ray County ex rel. Common School Fund v. Bentley
Supreme Court of Missouri
Appeal from Lafayette Court of Common Pleas. I. Ray county is a public corporation, and possesses no other powers than those defined in the law. (Ang. & Ames Corp. 9, § 14; id. 19, § 23 ; id. 20, § 24.) II. The power of Ray county to act as trustee of the school funds of said county is created by statute, and her duties are distinctly defined therein and cannot be exceeded. (Wagn. Stat. 868, § 8 ; id. 870, §§ 18-20 ; id. 1261, § 90; id. 1259, §§ 79-83, 86-7; Harm. & St. Jo.
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Appeal from Lafayette Court of Common Pleas. I. Ray county is a public corporation, and possesses no other powers than those defined in the law. (Ang. & Ames Corp. 9, § 14; id. 19, § 23 ; id. 20, § 24.) II. The power of Ray county to act as trustee of the school funds of said county is created by statute, and her duties are distinctly defined therein and cannot be exceeded. (Wagn. Stat. 868, § 8 ; id. 870, §§ 18-20 ; id. 1261, § 90; id. 1259, §§ 79-83, 86-7; Harm. & St. Jo. R.R. Co. v. Marion County, 36 Mo. 294; Copp v. St. Louis County, 36 Mo. 383.) III. Ray county is not authorized by laty…
1Opinion of the CourtWagner, Judge
The material question that arises in this case regards the action of the court in sustaining the motion to strike out the replication. It appears from the record that Bently and Easter as principals, and Barr as surety, executed to the county of Ray their bond in consideration of a loan of school money. Bently and Easter also made and executed a mortgage on real estate, with the usual statutory power of sale, to secure the payment of the debt. Default being made in the payment of the principal and interest, the County Court of Ray county ordered the mortgaged premises to be sold, and, when…
2Cases cited7 opinions
- State ex rel. Police Commissioners v. County CourtSupreme Court of Missouri · 1864
- Murtaugh v. City of St. LouisSupreme Court of Missouri · 1869
- Reardon v. St. Louis CountySupreme Court of Missouri · 1865
- Hannibal v. Marion CountySupreme Court of Missouri · 1865
- Barton County v. WalserSupreme Court of Missouri · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Platter v. Board of CommissionersIndiana Supreme Court · 1885
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- State ex rel. Dickason v. County CourtSupreme Court of Missouri · 1895
- State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878
- Mann v. BestSupreme Court of Missouri · 1876
17 more not listed; retrieve them via the Exa API.