State ex rel. West v. Diemer
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. The county court of Greene county is and was of statutory origin, and exceeded its powers, prescribed by the laws and the Constitution of the State of Missouri. Laws 1907, p. 401; Sec. 48, art. 4, Constitution; Sec. 8, art. 14, Constitution; State ex rel. Stevenson v. Smith, 87 Mo. 158; Sec. 35, art. 6, Constitution.
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Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. The county court of Greene county is and was of statutory origin, and exceeded its powers, prescribed by the laws and the Constitution of the State of Missouri. Laws 1907, p. 401; Sec. 48, art. 4, Constitution; Sec. 8, art. 14, Constitution; State ex rel. Stevenson v. Smith, 87 Mo. 158; Sec. 35, art. 6, Constitution. (1) The allegation is that the court was acting both in a judicial and ministerial capacity in voting the increased salary to the highway commissioner, and that they did it fraudulently and corruptly, etc. Learned…
1Opinion of the CourtLamm, J.
Defendants, during the year 1908, were the judges of the county court of Greene. In January, 1910, this suit was instituted against them in the name of the State at the relation of the prosecuting attorney to the use of said county. Its object was to recover from the said judges personally the sum of $300 salary paid to one Marshall as highway engineer for said county for said year. Prom a judgment in favor of defendants at a trial to the court without the aid of a jury plaintiff appeals.
To get at the theory upon which appellant predicates liability, attend to the petition. It alleges that…
2Cases cited12 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Reed v. ConwaySupreme Court of Missouri · 1854
- In re the Saline County Subscription, ThompsonSupreme Court of Missouri · 1869
- County of Marion v. PhillipsSupreme Court of Missouri · 1869
- Schooler v. ArringtonMissouri Court of Appeals · 1904
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3Cited by35 opinions
- State v. BaldwinSupreme Court of Missouri · 1978
- Arie v. Intertherm, Inc.Missouri Court of Appeals · 1983
- Hungate v. HudsonSupreme Court of Missouri · 1945
- Elsea v. SmithSupreme Court of Missouri · 1918
- Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
30 more not listed; retrieve them via the Exa API.