Abington v. Harwell
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas.— Hon. John A. Snider, Judge. (1) The Supreme Court in banc in the case of State ex inf.
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Appeal from Cape Girardeau Court of Common Pleas.— Hon. John A. Snider, Judge. (1) The Supreme Court in banc in the case of State ex inf. John T. Barker, Attorney-General, v. H. I. Duncan, J. H. Harwell et al., 265 Mo. 26, 175 ■ S. W. 940, not only held that the defendant J. H. Harwell was illegally exercising the duties of the office of Collector of the Revenue of Butler county, in Poplar Bluff Township thereof, and ousted him from such office, hut the opinion also held that the plaintiff herein, Carl C. Abington, was the legally appointed' Collector of the Revenue' of Butler county,…
1Opinion of the CourtBecker, J.
— Plaintiff sued the defendant below for $1268.58 as.for money had and received to plaintiff’s use. The .case was tried to a jury. At the close of the case the court directed a verdict for the defendant, and plaintiff appeals. *
The facts in the case may be briefly summarized as follows. On November 5, 1912, township organization was by a vote of the people adopted in Butler county, Missouri, and the defendant, J. R. Harwell, was thereafter, in March, 1913, duly elected to the office of township collector of Poplar Bluffs Township in said county. The question of discontinuing township…
2Cases cited4 opinions
- State ex rel. Evans v. GordonSupreme Court of Missouri · 1912
- State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
- State ex rel. Vail v. ClarkSupreme Court of Missouri · 1873
- Mullery v. McCannSupreme Court of Missouri · 1888