Howell v. Reynolds County
Supreme Court of Missouri
Error to Wayne Circuit Court. I. To the allegations of the answer there was no reply, and it stands confessed that the warrants were obtained by fraud and in violation of law, and that no consideration was paid therefor. (Gen. Stat. 1865, p. 661, § 36 ; Robards vs. Munson, 20 Mo., 65 ; Ennis vs. Hogan, 47 Mo., 513.) II.
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Error to Wayne Circuit Court. I. To the allegations of the answer there was no reply, and it stands confessed that the warrants were obtained by fraud and in violation of law, and that no consideration was paid therefor. (Gen. Stat. 1865, p. 661, § 36 ; Robards vs. Munson, 20 Mo., 65 ; Ennis vs. Hogan, 47 Mo., 513.) II. The officers of a county are part of the State government, with specific power and duties generally local to the county, and, in liquidating the demands against the county, this court should not compel County Courts to pay off' their warrants in any other order than that…
1Opinion of the CourtAdams, Judge
This was an action on several county warrants drawn on funds appropriated to county expenditures.
The answer denied that the warrants were for any valuable consideration, and set up that they were obtained by false and fraudulent representations.
*156The record does not show that there -was any replication to the answer, but the case was submitted to the court and tried as though there had been a replication, and a verdict and judgment was rendered for the plaintiff for the amount of the yvarrants.
There was no motion in arrest or for a new trial, and no bill of exceptions. The case is here simply…
2Cases cited2 opinions
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Henslee v. CannefaxSupreme Court of Missouri · 1872
3Cited by12 opinions
- Young v. GlascockSupreme Court of Missouri · 1883
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
- Wilson v. Knox CountySupreme Court of Missouri · 1896
- Turner v. ButlerSupreme Court of Missouri · 1894
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