Legal Opinion

State ex rel. Bohannon v. County Court of Howard County

Supreme Court of Missouri

Decided January 15, 1867PublishedCited by 14 opinions

Appeal from Howard Circuit Court. I. Under the order of the County Court the bounty is given for volunteering, not'for serving. The consideration is going into the service. The time fixed for payment is one-half down, and^ the balance when one-half of their respective times of enlistment had expired. Serving was not intended as a condition. II. If serving were a condition, it had been performed.

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Appeal from Howard Circuit Court. I. Under the order of the County Court the bounty is given for volunteering, not'for serving. The consideration is going into the service. The time fixed for payment is one-half down, and^ the balance when one-half of their respective times of enlistment had expired. Serving was not intended as a condition. II. If serving were a condition, it had been performed. The company was still in service until after the time fixed for the payment of the last half of the bounty. The enlistment was for twelve months. They were under contract to serve for that time,…

1Opinion of the CourtHolmes, Judge

This case comes up on appeal from the Howard Circuit Court. The petitioner enlisted as a volunteer in the State military servire to serve for one year, in pursuance of an order of the County Gourt of said county appropriating money for the purpose of paying bounties to volunteers, to every private for one year the sum of two hundred dollars, one half to be paid when they were received into the service; and the remainder when said volunteers should have served out half their respective periods of enlistment; and for the purpose of raising the money the County Court ordered an issue of bonds to…

2Cases cited2 opinions

  1. Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
  2. Williams v. Judge of the Cooper Court of Common PleasSupreme Court of Missouri · 1858

3Cited by14 opinions

  1. State ex rel. Davis v. MortensenNebraska Supreme Court · 1903
  2. State Ex Rel. Kelley v. MitchellSupreme Court of Missouri · 1980
  3. American Fire Alarm Co. v. Board of Police CommissionersSupreme Court of Missouri · 1920
  4. Love v. FiltschSupreme Court of Oklahoma · 1912
  5. State ex rel. Burg v. Milwaukee Medical CollegeWisconsin Supreme Court · 1906

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