State ex rel. Wheeler v. Adams
Missouri Court of Appeals
Appeal from Butler Circuit Court.— Hon. James L. Fort, Judge. ' (1) Hence, if we admit for the sake of the argument that the warrant issued by order of the county court on the swamp land fund, was a valid warrant, and that it was the duty of the treasurer, Adams, to pay the same upon presentation, yet when he failed to pay the same, he did not bring down upon his head the penalties provided for by section 6808, for his refusal to pay said warrant was not a violation of any…
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Appeal from Butler Circuit Court.— Hon. James L. Fort, Judge. ' (1) Hence, if we admit for the sake of the argument that the warrant issued by order of the county court on the swamp land fund, was a valid warrant, and that it was the duty of the treasurer, Adams, to pay the same upon presentation, yet when he failed to pay the same, he did not bring down upon his head the penalties provided for by section 6808, for his refusal to pay said warrant was not a violation of any provision contained in article 4. (2) The word “faithfully,” means honestly. In construing a bond containing the words £…
1Opinion of the CourtBland, P. J.
Defendant Adams was tbe county treasurer of Butler county in tbe year 1899. Tbe other defendants are tbe sureties on bis official bond. On July 29,1899, tbe county court of Butler county ordered and caused to be issued and delivered to plaintiff Wheeler a county warrant for $3,900, payable out of moneys that bad been theretofore appropriated to what was called tbe swamp land fund, and which bad come into tbe county treasury from tbe sale of swamp lands. Plaintiff presented tbe warrant to. Adams as county treasurer and demanded payment. Although there were ample funds, which bad been credited…
2Cases cited6 opinions
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- State ex rel. Wheeler v. AdamsSupreme Court of Missouri · 1901
- Rozelle v. HarmonSupreme Court of Missouri · 1890
- Knox County v. HunoltSupreme Court of Missouri · 1892
- St. Joseph Fire & Marine Insurance v. LelandSupreme Court of Missouri · 1886
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3Cited by7 opinions
- Frank v. EatonAppellate Division of the Supreme Court of the State of New York · 1928
- C. A. Burton Machinery Co. v. RuthMissouri Court of Appeals · 1916
- Steadley v. StuckeyMissouri Court of Appeals · 1905
- Yates v. DurkMissouri Court of Appeals · 1971
- Smith v. BerrymanMissouri Court of Appeals · 1913
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