State v. Moody
Supreme Court of Missouri
Appeal from Macon Circuit Court.— Hon. Nat. M. Shelton, Judge. Ajbtibmed. (1) The State is a proper party plaintiff in this suit. The revenue sought to be recovered belongs to the State. It is required to be paid into the State Treasury. The fact that it is. for the use of the game protection fund does not prevent this revenue from belonging to the State, and the State is the proper party to sue for it.
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Appeal from Macon Circuit Court.— Hon. Nat. M. Shelton, Judge. Ajbtibmed. (1) The State is a proper party plaintiff in this suit. The revenue sought to be recovered belongs to the State. It is required to be paid into the State Treasury. The fact that it is. for the use of the game protection fund does not prevent this revenue from belonging to the State, and the State is the proper party to sue for it. State v. Ruby, 77 Mo. 610'; State v. Bank, 45 Mo. 528; State v. Killian, 51 Mo. 80; 44 Am. Dig. (Century Ed.), sec. 178; Wolfee v. State, 79 Ala. 201; Gaston v. State, 88 Ala. 459; Brown v.…
1Opinion of the CourtBurgess, J.
This suit is brought by the State of Missouri against Nick M. Moody, clerk of the county court of Macon county, to recover a balance collected on hunters’ licenses in said county, the allegation of the petition being that defendant had, out of the one *123dollar on each license collected from-hunters, paid only eighty-five cents to the State Treasurer, instead of one dollar; that said licenses are issued to hunters, and one dollar for the State revenue is paid to the clerk for each license issued, by virtue of an act of the General Assembly entitled, “An Act relating’ to the preservation,…
2Cases cited12 opinions
- State v. DelesdenierTexas Supreme Court · 1851
- St. Louis v. DorrSupreme Court of Missouri · 1898
- State of Texas v. Travis CountyTexas Supreme Court · 1893
- Brown v. StateSupreme Court of Colorado · 1881
- Wolffe v. StateSupreme Court of Alabama · 1885
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3Cited by3 opinions
- City of Joplin v. Joplin Water Works CompanySupreme Court of Missouri · 1965
- State ex rel. Bell v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1911
- Walsh v. County of St. LouisSupreme Court of Missouri · 1962