State ex rel. Mississippi County v. Moore
Supreme Court of Missouri
J /'peal from Mississippi Circuit Court. — ITon. D. L. Hawkins, Judge. Upon principle and considerations of public policy, a ■custodian of public funds can only absolve liimself and his ■sureties from liability by showing that he disbursed the same according to law, or by producing the same. 67 Mo. 895 ; 8 How. 578. If defendant’s liability is tested by the tame rule that determines that of a common carrier, and ho is relieved when the funds are lost either by the act of God…
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J /'peal from Mississippi Circuit Court. — ITon. D. L. Hawkins, Judge. Upon principle and considerations of public policy, a ■custodian of public funds can only absolve liimself and his ■sureties from liability by showing that he disbursed the same according to law, or by producing the same. 67 Mo. 895 ; 8 How. 578. If defendant’s liability is tested by the tame rule that determines that of a common carrier, and ho is relieved when the funds are lost either by the act of God or of public enemies, yet thieves and robbers cannot bo regarded as public enemies. Story on Bailm., (9 Ed.) ■§ 526;…
1Opinion of the CourtNorton, J.
The State, on relation of Mississippi county, sued James S. Moore and Joseph C. Moore on a bond given by James S. Moore, as treasurer of said county, November 9th, 1878, in the penalty of $20,000.- The bond was conditioned that James S. Moore should perform all the duties of said office. The petition alleged that the law required the treasurer, at the expiration of his term of -office, to pay over to his successor all moneys in his custody, as treasurer, belonging to the plaintiff; and that said Moore received as treasurer, $2,996.90 during his term of •office, belonging to plaintiff', and…
2Cases cited5 opinions
- United States v. PrescottSupreme Court of the United States · 1845
- Boyden v. United StatesSupreme Court of the United States · 1872
- United States v. MorganSupreme Court of the United States · 1851
- State ex rel. the Township v. PowellSupreme Court of Missouri · 1878
- United States v. KeehlerSupreme Court of the United States · 1870
3Cited by33 opinions
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- Estate of Ramsay v. People ex rel. Southern Illinois PenitentiaryIllinois Supreme Court · 1902
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Bush v. Johnson CountyNebraska Supreme Court · 1896
- State v. HoustonSupreme Court of Alabama · 1885
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