Legal Opinion

Wolcott v. Lawrence County

Supreme Court of Missouri

Decided January 15, 1858PublishedCited by 27 opinions

Error to Lawrence Circuit Cowrt. The error complained of in this case is the sustaining of a demurrer to the following petition: “ Plaintiff states that said county of Lawrence owes him the sum of $1883.25, the balance due him for building a court-house on the public square in the town of Mount Yernon, in said county of Lawrence, the permanent seat of justice of said county, and furnishing the materials for the building said house; that he built said house under the…

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Error to Lawrence Circuit Cowrt. The error complained of in this case is the sustaining of a demurrer to the following petition: “ Plaintiff states that said county of Lawrence owes him the sum of $1883.25, the balance due him for building a court-house on the public square in the town of Mount Yernon, in said county of Lawrence, the permanent seat of justice of said county, and furnishing the materials for the building said house; that he built said house under the direction and supervising control of Samuel M. Anderson, superintendent, and of the county court of said county; and at the May…

1Opinion of the CourtRichardson, Judge

The county court is only the agent of the county, and, like any other agent, must pursue its authority and act within the scope of its power. In respect to many things that concern the county, it has a large discretion; but in reference to the erection of county buildings its authority is defined by a public law, and is special and limited. It can not act like general agents, whose acts may bind their principals if performed within the general scope of their agency, though in violation of private instructions unknown to those who deal with them,; for it has no power over the subject except…

2Cited by27 opinions

  1. Steines v. Franklin CountySupreme Court of Missouri · 1871
  2. Book v. EarlSupreme Court of Missouri · 1885
  3. State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
  4. Heidelberg v. St. Francois CountySupreme Court of Missouri · 1889
  5. Trask v. Livingston CountySupreme Court of Missouri · 1908

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