Givens v. Daviess County
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. C. H. S. Goodman, Judge ■ (1) The circuit court was without jurisdiction because the account was not presented to the county. R. S. 1879, secs. 1210-1216-8. (2) The court committed error in the admission of evidence. (3) The court erred in refusing to give defendant’s instructions, numbered 1, 2, 3, 4, 5 and 6. They embody the law, and there was sufficient testimony to fully warrant the giving of each of said instructions.
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Appeal from Daviess Circuit Court. — Hon. C. H. S. Goodman, Judge ■ (1) The circuit court was without jurisdiction because the account was not presented to the county. R. S. 1879, secs. 1210-1216-8. (2) The court committed error in the admission of evidence. (3) The court erred in refusing to give defendant’s instructions, numbered 1, 2, 3, 4, 5 and 6. They embody the law, and there was sufficient testimony to fully warrant the giving of each of said instructions. (4) Court erred in giving the instructions asked by plaintiff, numbered 1, 2, 3 and 4. The first instruction assumes that the…
1Opinion of the CourtMacfarlane, J.
This is a suit by plaintiff to recover of Daviess county $275 claimed to be due him as balance of his salary as treasurer of said county for a term commencing January 24, 1885, and ending April 1, 1887, at the rate of $l,5oO per year. The controversy grows out of differences between the parties as to what the compensation should have been, the county claiming that $3,000 was paid plaintiff as compensation for the full term, while plaintiff insists that $3,000 was accépted as compensation for two years only.
The evidence shows that ■ plaintiff had served as treasurer, for two years prior to…
2Cases cited8 opinions
- Railroad Companies v. SchutteSupreme Court of the United States · 1881
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
- Walker v. CookMassachusetts Supreme Judicial Court · 1880
- Gammon v. Lafayette CountySupreme Court of Missouri · 1882
- Sears v. Stone CountySupreme Court of Missouri · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Chapman v. WalbridgeSupreme Court of Missouri · 1899
- State ex rel. Linn County v. AdamsSupreme Court of Missouri · 1903
- Little River Drainage District v. LassaterSupreme Court of Missouri · 1930
- Sanderson v. Pike CountySupreme Court of Missouri · 1906
- State ex rel. Forgrave v. HillSupreme Court of Missouri · 1917
6 more not listed; retrieve them via the Exa API.