State ex rel. Hixson v. Nerry
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Hon. E. B. McKee, Judge. STATEMENT. In February, 1902, this proceeding was begun in the circuit court of Scotland county, by relator, Hixson, against the respondent, as treasurer of Scotland county.
Read the full summary
Appeal from Scotland Circuit Court. — Hon. E. B. McKee, Judge. STATEMENT. In February, 1902, this proceeding was begun in the circuit court of Scotland county, by relator, Hixson, against the respondent, as treasurer of Scotland county. Belator, James T. Hixson, averred that respondent, L. N. Kinney, was treasurer of Scotland county, that Arminta B. Nerry, C. E. Smith and relator composed the county board of education of Scotland county and were authorized by law to hold county institutes, and pay their expenses out of the money collected from the teachers attending. That defendant had in his…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).
—1. The relator has asked this court to dismiss the appeal, charging non-observance of rule of this court by appellants; the failure by appellant to present the whole of the testimony as required for review of an equitable proceeding and finally that the appeal was allowed August 27, 1902, returnable to the April term, 1903. While the printed abstract is not complete, we should hesitate to summarily dispose of the case by dismissal of the appeal solely uppn that ground, and while the misapprehension that this has been converted into a proceeding in equity by…
2Cases cited4 opinions
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- State ex rel. Thomas v. Treasurer of Callaway CountySupreme Court of Missouri · 1869
- State ex rel. Vail v. DraperSupreme Court of Missouri · 1871
- State ex rel. Wheeler v. AdamsSupreme Court of Missouri · 1901
3Cited by1 opinion
- State Ex Rel. Bliss v. Grand River Drainage DistrictSupreme Court of Missouri · 1932