Callaway County v. Henderson
Supreme Court of Missouri
Appeal from Callaioay Circuit Court. — Hon. John A. Hockaday, Judge. (1) The appeal taken from, the action of the county eonrt to circuit court should have been dismissed. The county court passed on the questions involved, and could not appeal from its own act, ruling and judgment. It had power to transact all county business.
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Appeal from Callaioay Circuit Court. — Hon. John A. Hockaday, Judge. (1) The appeal taken from, the action of the county eonrt to circuit court should have been dismissed. The county court passed on the questions involved, and could not appeal from its own act, ruling and judgment. It had power to transact all county business. Const. 1875,sec. 36, art 6; Revised Statutes, 1889, see. 3185. (2) If the approval of the return of the clerk in reference to bis fees be simply a ministerial or an administrative act of the county court, then no appeal, can be taken from sucb act. Setlveron v. County…
1Opinion of the CourtBlack, P. J.
The defendant James D. Henderson was the duly elected and qualified clerk of the county court of Callaway county for two official terms of four years each, extending from the first Monday in January, 1883, to the first Monday in January, 1891. On the sixth of April, 1891, the prosecuting attorney filed a motion in the county court to require Henderson to account for fees received during both terms. At the time of filing the motion Henderson had filed no statement of fees received for the last quarter of 1890. He appeared in the county court and in answer to the motion filed an abstract of his…
2Cited by13 opinions
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
- Smith v. Pettis CountySupreme Court of Missouri · 1940
- State Ex Rel. Webb v. PiggSupreme Court of Missouri · 1952
- State Ex Rel. O'Connor v. RiedelSupreme Court of Missouri · 1932
- Veltman v. SlaterTexas Supreme Court · 1919
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