Greene County v. Lydy
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge.
1Opinion of the CourtLamm, C. J.
This is a suit.by the county of Greene, on behalf of its school fund, instituted in June, 1912, to recover from Lydy, probate judge, the sum of $2972.26, fees collected by him under color of his office during the year 1911 in excess of his salary under section 10695, Revised Statutes 1909, and alleged to be wrongfully retained.
Defendant answered in eleven paragraphs. Plaintiff moved to strike out paragraphs 3, 5, 6, 7, 8, 9, 10 and 11, leaving paragraphs 1, 2 and 4 remaining. This motion was sustained.
Thereupon plaintiff’s further motion for judgment on the pleadings was sustained in the sum…
2Cases cited24 opinions
- Daniels v. TearneySupreme Court of the United States · 1880
- United States v. HodsonSupreme Court of the United States · 1870
- National Bank v. GrahamSupreme Court of the United States · 1880
- State ex rel. Kellogg v. CurrensWisconsin Supreme Court · 1901
- State v. OrrickSupreme Court of Missouri · 1891
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3Cited by30 opinions
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- State Ex Rel. Wright v. CarterSupreme Court of Missouri · 1958
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- Perkins v. BurksSupreme Court of Missouri · 1934
- Saylor v. TrotterTennessee Supreme Court · 1923
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