United States ex rel. Harshman v. Brown
U.S. Circuit Court for the District of Eastern Missouri
In Equity. On application for writ of mandamus. The controversy in this case arises in the following manner: On the 15th of March, 1879, the county court of Knox county, Mo., caused two warrants to be drawn on the county treasurer, in favor of the relator, for the sum of $3,258.15 and $6,764.44, respectively.
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In Equity. On application for writ of mandamus. The controversy in this case arises in the following manner: On the 15th of March, 1879, the county court of Knox county, Mo., caused two warrants to be drawn on the county treasurer, in favor of the relator, for the sum of $3,258.15 and $6,764.44, respectively. These warrants were issued in obedience to peremptory writs of mandamus, obtained in this court, commanding said county court to cause such warrants to be drawn on the general funds of the county, and to be delivered to the relator, in payment of judgments that he had theretofore…
1Opinion of the Court
Thayer, J.,
(after stating the facts as above.) The motion that has heen filed by the respondent i’s, in effect, a demurrer to the information, and will be so treated.
1. The court is of the opinion that the point made that the warrants mentioned in the information are barred by limitation is untenable, and should be overruled. Conceding,-for the purposes of this decision, that advantage may be taken of the statute of limitation by demurrer, or motion in the nature of a demurrer, and conceding, further, that the statute may be invoked as a defense to this proceeding, precisely as if it was a…
2Cases cited3 opinions
- United States v. County of ClarkSupreme Court of the United States · 1877
- Knox County Court v. United States Ex Rel. HarshmanSupreme Court of the United States · 1883
- Logan v. County CourtSupreme Court of Missouri · 1876
3Cited by2 opinions
- Ballard v. Standard Printing Co.Supreme Court of Missouri · 1947
- Morton v. Knox CountyU.S. Circuit Court for the District of Eastern Missouri · 1894