Horstman v. Adamson
Missouri Court of Appeals
Appeal from Lawrence Circuit Court . — Hon. Henry C. Pepper, Judge. (1) Respondent, as a ground of demurrer, claims immunity from liability for Ms acts complained of in the petition, for the reason that they were acts entrusted to his “judgment and discretion” as county clerk in the administration thereof.
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Appeal from Lawrence Circuit Court . — Hon. Henry C. Pepper, Judge. (1) Respondent, as a ground of demurrer, claims immunity from liability for Ms acts complained of in the petition, for the reason that they were acts entrusted to his “judgment and discretion” as county clerk in the administration thereof. State ex rel. v. Lafayette County Court, 41 Mo. 221. (2) In Norris v. Clink-scales, 47 S. Car. 488, it is said that the term “discretion” implies the absence of a hard and fast rule, and yet “discretion” should not be a word for arbitrary will or unstable caprice. In People v. Superior Ct.,…
1Opinion of the CourtReyburn, J.
Plaintiff has appealed to this court from a judgment of the circuit court of Lawrence county, which rendered a judgment for defendant on a demurrer to plaintiff’s 'petition. Plaintiff’s complaint alleged that defendant was duly elected and qualified as clerk of the county court of Lawrence county, took possession, of said office on January 2, 1899, and now is in charge thereof; that on the said 2nd day of January defendant appointed plaintiff a deputy clerk of such county court; that plaintiff was an adult citizen of the United States and had resided in the county of Lawrence for more than…
2Cases cited16 opinions
- Spalding v. VilasSupreme Court of the United States · 1896
- Keim v. United StatesSupreme Court of the United States · 1900
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Parsons v. United StatesSupreme Court of the United States · 1897
- Weaver v. DevendorfNew York Supreme Court · 1846
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3Cited by7 opinions
- State ex rel. Smith v. BowmanMissouri Court of Appeals · 1914
- State ex inf. Major v. McKaySupreme Court of Missouri · 1913
- State of Missouri Ex Rel. v. SartoriusMissouri Court of Appeals · 1936
- Glass v. HarwellCourt of Appeals of Georgia · 1929
- In re Irwin's EstateMissouri Court of Appeals · 1907
2 more not listed; retrieve them via the Exa API.