Casby v. Thompson
Supreme Court of Missouri
Appeal from, First District Court. I. Tbe settlement and adjustment of tbe accounts of the collectors of tbe revenue of tbe State are, by tbe statute, vested solely in tbe State Auditor.
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Appeal from, First District Court. I. Tbe settlement and adjustment of tbe accounts of the collectors of tbe revenue of tbe State are, by tbe statute, vested solely in tbe State Auditor. (Gen. Stat, 1865, p. 87, §§ 16, 17, 18," 19, and pp. 88, 89, §§ 24, 25, 26, 27, and 31.) H. The Circuit Court bad no jurisdiction over tbe State Auditor in tbe matter of tbe settlement of tbe accounts of tbe collectors of th'e State revenue and tbe issuance of distress warrants for tbe collection of balances found due by him from collectors. (See sections above cited; also, Const. Mo., art. 5, §16.) HI. A…
1Opinion of the CourtHolmes, Judge
This appears to have been intended as an application to the Circuit Court of Cooper county for a writ of prohibition to forbid the State Auditor and the sheriff of said county from proceeding to execute certain writs of distress issued by the auditor against Andrew J. Barnes, the former sheriff and ex-officio collector of said county for the years 1862 and 1863, and the sureties in his official bond. The petitioners were the sureties. The petition was filed with the clerk in vacation, and the clerk issued a writ of prohibition.
At the next term of the court, the defendants appeared, and moved…
2Cases cited1 opinion
- State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
3Cited by5 opinions
- State ex rel. McAnally v. GoodierSupreme Court of Missouri · 1906
- Kalbfell v. WoodSupreme Court of Missouri · 1906
- State ex rel. United States Fidelity & Guaranty Co. v. HartySupreme Court of Missouri · 1919
- Ostmann v. FreyMissouri Court of Appeals · 1910
- State v. Board of CommissionersWyoming Supreme Court · 1893