Rousey v. Wood
Missouri Court of Appeals
Appeal from the DeKalb Circuit Court. — Hon. O. H. S. Goodman, Judge. (1) There is another rule equally as well settled that an officer is bound to know the law, and when a court or tribunal issues a process to an officer he is bound to inquire into the authority of that court or tribunal to issue that particular process, and he is liable for executing it when it is issued by a court having no jurisdiction.
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Appeal from the DeKalb Circuit Court. — Hon. O. H. S. Goodman, Judge. (1) There is another rule equally as well settled that an officer is bound to know the law, and when a court or tribunal issues a process to an officer he is bound to inquire into the authority of that court or tribunal to issue that particular process, and he is liable for executing it when it is issued by a court having no jurisdiction. State v. Hacldett, 37 Mo. 285. And he is bound to know the jurisdiction of the court issuing the writ. Howard v. Clark, 43 Mo. 349. (2) That process may be said to be fair on its face…
1Opinion of the CourtSmith, P. J.
This is an action based on sections-3921, 3922, Revised Statutes, 1879, to recover damages. The answers of the defendants were that a majority of the legal voters of DeKalb county, voting at an election for and against township organization, had voted for such organization, and that said county was governed by, and subject to, the provisions of chapter 162, Revised Statutes, 1879 ; that defendant Wood was a, .roadoverseer of the road district in which plaintiff’s-lands were situated. The defendants justified under an order of the township board of Dallas township, one of the townships in said…
2Cases cited14 opinions
- Ells v. Pacific RailroadSupreme Court of Missouri · 1873
- State v. SearcyMissouri Court of Appeals · 1890
- State v. HaysSupreme Court of Missouri · 1883
- Howard v. ClarkSupreme Court of Missouri · 1869
- Whitely v. Platte CountySupreme Court of Missouri · 1880
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3Cited by7 opinions
- State v. MacyMissouri Court of Appeals · 1897
- State ex rel. Jones v. WhiteMissouri Court of Appeals · 1897
- Wooldridge v. RentschlerMissouri Court of Appeals · 1895
- Peed v. BarkerMissouri Court of Appeals · 1895
- Rousey v. WoodMissouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.