Barnard & Co. v. Knox County
Supreme Court of Missouri
Appeal from Knox Circuit Court. --Hon. B. E. Turner, Judge. The trial court erred in finding for the defendant. The debt sued for was created by law and not by the action of the county court, and the limitations in the constitution do not apply. Potter v. Douglas Co., 87 Mo. 239; Rollins v. Lake Co., 34 Fed. Rep. 845; Dillon on Mun. Corp., sec. 137 ; Butz r. Muscatine, 8 Wall. 581; Barnard r. Knox Co., 37 Fed.
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Appeal from Knox Circuit Court. --Hon. B. E. Turner, Judge. The trial court erred in finding for the defendant. The debt sued for was created by law and not by the action of the county court, and the limitations in the constitution do not apply. Potter v. Douglas Co., 87 Mo. 239; Rollins v. Lake Co., 34 Fed. Rep. 845; Dillon on Mun. Corp., sec. 137 ; Butz r. Muscatine, 8 Wall. 581; Barnard r. Knox Co., 37 Fed. Rep. 563. (1) The limitations in sections 11 and 12, of article 10, of the constitution of 1875, went into effect on the thirtieth of November, 1875, and were self-enforcing, and do not…
1Opinion of the CourtBlack, J.
This is a suit upon a duly protested warrant issued by the county court of Knox county, to George D. Barnard, dated the seventh day of May, 1885, for $83.90, payable “out of any money in the treasury appropriated for the contingent fund.” Barnard assigned the warrant to the plaintiff corporation.
The defense is that the debt, for which the warrant was issued, was created after the county court had issued warrants in excess of the revenue for 1885. In anticipation of this defense, it is alleged in the petition that though the county court had issued warrants in excess of the total revenue for…
2Cases cited8 opinions
- Lake County v. RollinsSupreme Court of the United States · 1889
- Book v. EarlSupreme Court of Missouri · 1885
- Grant County v. Lake CountyOregon Supreme Court · 1889
- Prince v. City of QuincyIllinois Supreme Court · 1882
- City of Council Bluffs v. StewartSupreme Court of Iowa · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Smart v. Board of County Com'rs of Craig CountySupreme Court of Oklahoma · 1917
- Rauch v. ChapmanWashington Supreme Court · 1897
- Lamar Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1895
- Grand Island & Northern Wyoming Railroad v. BakerWyoming Supreme Court · 1896
- Village of Kenmore v. County of ErieNew York Court of Appeals · 1930
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