Andrew County v. Owens
Supreme Court of Missouri
Error to Fifth District Court. I. It has always been conceded that in cases like the one at bar an appeal would lie; and the only question has been whether the appeal operated as a certiorari or writ of error, or whether the case could be tried de novo.
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Error to Fifth District Court. I. It has always been conceded that in cases like the one at bar an appeal would lie; and the only question has been whether the appeal operated as a certiorari or writ of error, or whether the case could be tried de novo. (County of Boone v. Corlew, 3 Mo. 10-12 ; County of St. Louis v. Sparks, 11 Mo. 201; Lewis v. Nicholls, 26 Mo. 278 ; Lacy v. Williams, 27 Mo. 280 ; County of St. Louis v. Lind et al.,i2 Mo. 348; Foster et al. v. Dunklin, 44 Mo. 216.) The Circuit Court did not try this case either upon the record or de novo, but dismissed the appeal without a…
1Opinion of the CourtWagner, Judge
There is but one question presented by this record for our consideration, and that is the action of the Circuit Court in dismiss*387ing the appeal from the County Court. Owens, it seems, was formerly the collector of the revenue of Andrew county; and at the May term, 1869, of the County Court of that county, the court alleged that he had failed to make his settlements at stated terms, as the law required; and they proceeded to adjust his accounts, and found a balance due the county. An order was then entered of -record* commanding him to pay the amount so found due, to the county treasurer within…
2Cited by5 opinions
- Blackmore v. BlackmoreMissouri Court of Appeals · 1982
- Owens v. Andrew County CourtSupreme Court of Missouri · 1872
- Barney v. SuggsSupreme Court of Missouri · 1985
- Barney v. SuggsSupreme Court of Missouri · 1985
- Moore v. BaileyMissouri Court of Appeals · 1879