Allen v. Cowan
Supreme Court of Missouri
Error to Phelps Circuit Court. The demurrer should have been sustained and the bill dismissed. It was the duty of the defendant below under Revised Statutes, section 5626, to collect all fees due the clerk by whomsoever and whensoever earned, and to report such collections to the county court in ■which is vested supervisory power over the trust.
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Error to Phelps Circuit Court. The demurrer should have been sustained and the bill dismissed. It was the duty of the defendant below under Revised Statutes, section 5626, to collect all fees due the clerk by whomsoever and whensoever earned, and to report such collections to the county court in ■which is vested supervisory power over the trust. And the statute clearly sets out the disposition to be made of this fund, viz. : (1) The clerk is permitted to retain “all necessary clerk or deputy-hire,” not to exceed the amount allowed by law. (2) He is permitted to retain the amount allowed him…
1Opinion of the CourtNorton, C. J.
This case is here on defendants’ appeal from the action of the circuit court in overruling - their demurrer to the petition and rendering judgment for plaintiff. The sole proposition which the record presents for our determination is this, viz. : Can the fees earned by a circuit clerk, each year he was clerk, though' not collected in the year they were earned, be applied when collected to the payment of his salary as clerk, and for deputy-hire, as fixed, by law ? An affirmative answer to this proposition affirms, and a negative answer reverses, the judgment of the circuit court.
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2Cases cited1 opinion
- Thornton v. ThomasSupreme Court of Missouri · 1877
3Cited by7 opinions
- Smith v. Pettis CountySupreme Court of Missouri · 1940
- State Ex Rel. Moss v. HamiltonSupreme Court of Missouri · 1924
- State ex rel. Emmons v. FarmerSupreme Court of Missouri · 1917
- Lycett v. WolffMissouri Court of Appeals · 1891
- Boettcher v. Lancaster CountyNebraska Supreme Court · 1905
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