State ex rel. Jackson County v. Hickman
Supreme Court of Missouri
Appeal from Jackson Circuit ■ Court. — Hon. P. M. Black, Judge. (1) R. S., 1879, sec. 5526, et seg., amended the act of 1874 and constitute a revision of the latter act. Falconer n. Robinson, 46 Ala. 340. Such parts of the old statute as were not incorporated into the revision are annulled.
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Appeal from Jackson Circuit ■ Court. — Hon. P. M. Black, Judge. (1) R. S., 1879, sec. 5526, et seg., amended the act of 1874 and constitute a revision of the latter act. Falconer n. Robinson, 46 Ala. 340. Such parts of the old statute as were not incorporated into the revision are annulled. Buck r>. Spofford, 31 Me. 34; Hughes v. Farrow, 45 Me. 72. (2) If, then, the Revised Statutes of 1879 amended the act of 1874, and covered the whole subject matter of that act, although there is no clause to that effect, it operated as a repeal of the act of 1874. Bartlett v. King, 12 Mass. 537; Michols r.…
1Opinion of the Court
DeAbmond, C.
This action is on the official bond of Wm. Z. Hickman, as county clerk of Jackson county, for the term of four years, beginning the first Monday in January, 1879. It is against Hickman and his sureties, to 'recover the amount of fees of the office alleged to have been wrongfully retained by said Hickman. The petition is in the usual form, and contains two counts, •the first for $4084.48, fees .charged to have been wrongfully retained by Hickman out of the receipts of his office from the first Monday in January, 1879, to the thirty-first day of October, 1879, both inclusive; which…
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