Shelby County v. Bragg
Supreme Court of Missouri
Appeal from Shelby Circuit Court. — Hon. Andrew Ellison, Judge. (1) While the action of the county court approving the annual settlements of respondent partook of the nature of judgments {State, etc., v. Rickman, 84 Mo. 74), the approvals were not judgments, and at most they were merely prima facie evidence in respondent’s favor.
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Appeal from Shelby Circuit Court. — Hon. Andrew Ellison, Judge. (1) While the action of the county court approving the annual settlements of respondent partook of the nature of judgments {State, etc., v. Rickman, 84 Mo. 74), the approvals were not judgments, and at most they were merely prima facie evidence in respondent’s favor. Marion, etc., v. Phillips, 45 Mo. 75; Phelps v. Bishop, 46 Mo. 68; Reppy v. Jefferson, etc., 47 Mo. 66; State, etc., v. Moeller, 48 Mo. 331; Owens v. Andreiv, etc., 49 Mo. 372; State, etc., v. Roberts, 60 Mo. 402; State, etc., v. Roberts, 62 Mo. 388; State, etc., v.…
1Opinion of the CourtMacfarlane, J.
This suit is against defendant, as a former clerk of the circuit court and ex-officio recorder of the county to recover an amount alleged to have been received by him in fees in excess of salary and deputy hire. .It is charged that defendant held said offices for two terms, or eight years, from January 1, 1875, to January 1, 1883, and during the term collected in fees the sum of $16,108.74, which was $3,277 in excess of the amount he was entitled to retain, and for which sum he was indebted to the county.
The petition further charged, in order to avoid the operation of the statutes of…
2Cases cited10 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
- Wells v. HalpinSupreme Court of Missouri · 1875
- Cole v. McGlathrySupreme Judicial Court of Maine · 1832
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- Baron v. KurnSupreme Court of Missouri · 1942
- Gerald D. Peterson v. Larry D. FinkCourt of Appeals for the Eighth Circuit · 1975
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