Knox County v. Hunolt
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. Ben. E. Turner, Judge. (1) Tiie plaintiff is not the real party in interest as to the funds for which suit is brought. State v. St. Louis Co., 30 Mo. 546; Railroad v. Marion Co., 36 Mo. 294. Counties can only bring action in cases authorized by statute. R. S. 1889, secs. 3153, 3154; Cole Co. v. Lallmeyer, 101 Mo. 57; 4 American & English Encyclopedia of Law, pp. 345-6, and cases cited.
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Appeal from Knox Circuit Court. — Hon. Ben. E. Turner, Judge. (1) Tiie plaintiff is not the real party in interest as to the funds for which suit is brought. State v. St. Louis Co., 30 Mo. 546; Railroad v. Marion Co., 36 Mo. 294. Counties can only bring action in cases authorized by statute. R. S. 1889, secs. 3153, 3154; Cole Co. v. Lallmeyer, 101 Mo. 57; 4 American & English Encyclopedia of Law, pp. 345-6, and cases cited. Every dollar of the money used went to pay the valid indebtedness of the county. There is respectable authority for the proposition that the county is liable for it and…
1Opinion of the CourtBlack, J.
Antone Hunolt, Frank Boone and Wellington Buford were the judges of the county court of Knox county in 1885. As such judges, they caused warrants to be drawn upon and paid out of the county and township school funds for other than school purposes ; and this is a suit against them to recover damages for the wrongful use of such funds. The petition avers that the defendants, as such judges, unlawfully, knowingly and fraudulently misapplied the funds, setting out the various warrants drawn and paid. The answer disputes the right of the county to prosecute *71this suit. It is then averred, in…
2Cases cited8 opinions
- Amy v. The SupervisorsSupreme Court of the United States · 1871
- Ray County ex rel. Common School Fund v. BentleySupreme Court of Missouri · 1872
- Edwards v. FergusonSupreme Court of Missouri · 1881
- McCutchen v. WindsorSupreme Court of Missouri · 1874
- St. Joseph Fire & Marine Insurance v. LelandSupreme Court of Missouri · 1886
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3Cited by12 opinions
- State v. ConleyWest Virginia Supreme Court · 1937
- Betts v. Commissioners of the Land OfficeSupreme Court of Oklahoma · 1910
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- Frank v. EatonAppellate Division of the Supreme Court of the State of New York · 1928
- C. A. Burton Machinery Co. v. RuthMissouri Court of Appeals · 1916
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