State ex rel. Thomas v. Treasurer of Callaway County
Supreme Court of Missouri
Petition for Mandamus. I. County Courts have full power and authority to audit and settle all demands against the county. (Gen. Stat. 1865, p. 556, § 9.) II. The County Court had jurisdiction over the subject matter. (Gen. Stat. 1865, p. 556, § 9; Sess. Acts 1868, p. 137, §§ 27, 29.) HI. County treasurers must pay warrants drawn by order of the County Court. (Gen. Stat. 1865, p. 227, § 7.) IY. The allowance of the claims of the relators was a judicial act.
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Petition for Mandamus. I. County Courts have full power and authority to audit and settle all demands against the county. (Gen. Stat. 1865, p. 556, § 9.) II. The County Court had jurisdiction over the subject matter. (Gen. Stat. 1865, p. 556, § 9; Sess. Acts 1868, p. 137, §§ 27, 29.) HI. County treasurers must pay warrants drawn by order of the County Court. (Gen. Stat. 1865, p. 227, § 7.) IY. The allowance of the claims of the relators was a judicial act. It cannot b'e impeached collaterally. (Baker v. Johnson, 41 Maine, 15; Huff v. Knapp, 1 Seld. 67 ; Supervisors of Onondaga v. Briggs, 2…
1Opinion of the CourtBliss, Judge
On the 20th of October, 1868, the account of the members of the board of registration of the county of Callaway, composed of the relators, for expenses and per diem, amounting to $413.70, was allowed by the County Court, and a warrant drawn upon the treasurer of the county, which warrant was duly presented, and the proper indorsement made of “ no funds.” Afterward, when in funds, the warrant was again presented, and payment refused, upon the ground that the County Court had ordered him to pay only part of the warrant. The return to the alternative writ does not deny the auditing of the…
2Cases cited2 opinions
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- Price v. Johnson CountySupreme Court of Missouri · 1852
3Cited by18 opinions
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
- Ray v. WilsonSupreme Court of Florida · 1892
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Rottmann v. SchmuckerSupreme Court of Missouri · 1887
- Wyker v. FrancisSupreme Court of Alabama · 1898
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