State ex rel. Hickory County v. Dent
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) It is provided by section 5627, Revised Statutes, 1879, that the defendant, Dent, might retain fees by him collected to the amount of $1,100 for his salary for each year he was clerk of the county court.
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Appeal from Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) It is provided by section 5627, Revised Statutes, 1879, that the defendant, Dent, might retain fees by him collected to the amount of $1,100 for his salary for each year he was clerk of the county court. (2) It is provided by section 5626 that the defendant, Dent, as clerk of the county court, should make returns quarterly to the county court of all fees by him received to date of such return and for what service and from whom received, and the amount of money paid to deputies and assistants and verify the same by his…
1Opinion of the CourtSherwood, J.
This cause, an action on the bond of the county clerk of Hickory county, has been transferred to this court on the ground, as recited in the order of the Kansas City court of appeals, that “it involves a constitutional question.”
I. We do not discover any constitutional question involved in this record, but under the ruling in State ex rel. v. Tate, 109 Mo. 265, the county of Hickory is the real party in interest as plaintiff, and so this court has jurisdiction in conformity to article 6, section 12 of the constitution.
II. The circuit court was the only court in which a suit on the bond in…
2Cases cited3 opinions
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- State ex rel. McGrath v. WalkerSupreme Court of Missouri · 1888
- Hudson v. Jefferson County CourtSupreme Court of Arkansas · 1873
3Cited by6 opinions
- Little River Drainage District v. LassaterSupreme Court of Missouri · 1930
- State ex rel. Jackson County v. ChickSupreme Court of Missouri · 1898
- State ex rel. Callaway County v. HendersonSupreme Court of Missouri · 1898
- School District No. 45 v. CorrellMissouri Court of Appeals · 1926
- State ex rel. Christian County v. GideonSupreme Court of Missouri · 1900
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