State ex rel. School District v. Harter
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Ho». George F. Long an, Judge. (1) The treasurer of a school district is neither an officer within the meaning of section 4274, Revised Statutes 1899, nor in the legal acceptation of the term, because under section 9864 he is neither elected or appointed, but is chosen by the school board, and may or may not be a member of tbe board, because no official oath, such as is prescribed by section 9760 for school directors, is required of him,…
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Appeal from Pettis Circuit Court. — Ho». George F. Long an, Judge. (1) The treasurer of a school district is neither an officer within the meaning of section 4274, Revised Statutes 1899, nor in the legal acceptation of the term, because under section 9864 he is neither elected or appointed, but is chosen by the school board, and may or may not be a member of tbe board, because no official oath, such as is prescribed by section 9760 for school directors, is required of him, which is a conclusive legislative construction that a school treasurer is not a public officer and not required to take…
1Opinion of the CourtMaeshall, J.
This is a suit begun on October 11, 1898, upon a bond for $20,000 given by the defendant Harter, as treasurer of the relator school district, and is against the principal and sureties on the bond.
*522The trial court sustained a demurrer to the petition, and the relator appealed.
The petition alleges that the relator is a duly organized and existing body corporate • that on the 22d of June, 1889, the defendant Harter, a member of the board of directors of said school district, was elected to the office of treasurer of the board for the year commencing July 1, 1889, and thereafter on the next day…
2Cases cited27 opinions
- State ex rel. Walker v. BusSupreme Court of Missouri · 1896
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- Prescott v. GonserSupreme Court of Iowa · 1872
- Shelby County v. BraggSupreme Court of Missouri · 1896
- State v. SchuchmannSupreme Court of Missouri · 1896
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3Cited by23 opinions
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