Legal Opinion

Sanderson v. Pike County

Supreme Court of Missouri

Decided April 20, 1906PublishedCited by 11 opinions

Appeal from Pike Circuit Court.— Eon. David H. Eby, Judge. (1) ' The county court liad the right, which it exercised, to fix the compensation of the respondent for his services as treasurer and his commission for handling and disbursing the school funds, and it was the sole judge of the amount it would allow him and had the right to pay for. all the services in the same warrant.

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Appeal from Pike Circuit Court.— Eon. David H. Eby, Judge. (1) ' The county court liad the right, which it exercised, to fix the compensation of the respondent for his services as treasurer and his commission for handling and disbursing the school funds, and it was the sole judge of the amount it would allow him and had the right to pay for. all the services in the same warrant. R. S. 1899, sees. 9849 and 6807. (2) The appellant pleads consistent facts in his answer which facts operate both as a payment to and an estoppel upon the part of respondent. Cadematori v. Gauger, 1601 Mo. 352. (3)…

1Opinion of the CourtBrace, P. J.

— This is an appeal by the defendant from a judgment of the Pike Circuit Court in favor of the plaintiff for the sum of $942.79.

The plaintiff was treasurer of Pike county for two consecutive terms, beginning January 1,1899, and ending January 1,1903, and during that time disbursed the school moneys of said county under the provisions of section 9849, Revised Statutes 1899, to the amount of $208,562.58, and received from the county the sum of $5,700 for his services. In this action the plaintiff seeks to recover the sum of $942.79, being one-half of one per cent of said sum of $208,562.58,…

2Cases cited11 opinions

  1. Wolcott v. Lawrence CountySupreme Court of Missouri · 1858
  2. State ex rel. Chapman v. WalbridgeSupreme Court of Missouri · 1899
  3. State ex rel. Linn County v. AdamsSupreme Court of Missouri · 1903
  4. Maupin v. Franklin CountySupreme Court of Missouri · 1878
  5. Gammon v. Lafayette CountySupreme Court of Missouri · 1882

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Maxwell v. Andrew CountySupreme Court of Missouri · 1941
  2. Hill County v. SaulsCourt of Appeals of Texas · 1911
  3. Carter v. Reynolds CountySupreme Court of Missouri · 1926
  4. State ex rel. Forsee v. CowanSupreme Court of Missouri · 1955
  5. Hamm v. C., B. Q.R.R. Co.Missouri Court of Appeals · 1922

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