Legal Opinion

State ex rel. Exchange Bank v. Allison

Supreme Court of Missouri

Decided March 27, 1900PublishedCited by 13 opinions

Appeal from Bay Circuit Court. — Hon.- E. J. Broaddus, Judge.: (1) The filing of the demurrer admits all facts, set up in the return to the writ, that are well pleaded, and upon the facts so admitted in this case the judgment and finding of the trial court must be reversed. (2) By section 8589, B. S. 1889, and by the decisions of this court, the fiscal year begins the first day of January and closes the thirty-first day of December of each year.

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Appeal from Bay Circuit Court. — Hon.- E. J. Broaddus, Judge.: (1) The filing of the demurrer admits all facts, set up in the return to the writ, that are well pleaded, and upon the facts so admitted in this case the judgment and finding of the trial court must be reversed. (2) By section 8589, B. S. 1889, and by the decisions of this court, the fiscal year begins the first day of January and closes the thirty-first day of December of each year. State ex rel. v. Appleby, 136 Mo. 408; Wilson v. Knox Co., 132 Mo-. 387. The return to the alternative writ denies all allegations in the petition…

1Opinion of the CourtValliant, J.

This is an appeal from a judgment of the-circuit court -of Ray county awarding a peremptory writ of mandamus against the defendant,'the appellant, the treasurer of the county requiring him to pay certain county warrants held by the relator. The case was submitted for final judgment on *328demurrer to the return to the alternative writ. Therefore the facts presented in the record are undisputed. The facts are that the relator, the Exchange Bant of Richmond, held certain warrants amounting to $302.95, regularly issued under order of the county court during the year 1895, for current expenses of the…

2Cases cited5 opinions

  1. Wilson v. Knox CountySupreme Court of Missouri · 1896
  2. Andrew County ex rel. Kirtley v. SchellSupreme Court of Missouri · 1896
  3. State ex rel. Conran v. WilliamsSupreme Court of Missouri · 1888
  4. State ex rel. Vaughan v. ApplebySupreme Court of Missouri · 1896
  5. State ex rel. Hudson v. TrammelSupreme Court of Missouri · 1891

3Cited by13 opinions

  1. Tribune Publishing Co. v. Curators of the University of MissouriMissouri Court of Appeals · 1983
  2. State ex rel. Hadley v. AdkinsSupreme Court of Missouri · 1909
  3. State Ex Rel. Ashcroft v. Union Electric Co.Missouri Court of Appeals · 1977
  4. State Ex Rel. William R. Compton Co. v. WalterSupreme Court of Missouri · 1929
  5. State Ex Rel. Thompson v. JonesSupreme Court of Missouri · 1931

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