State ex rel. Wright v. Hortsman
Supreme Court of Missouri
Appeal from Butler^ Circuit Cowrt. — Hon. John G-. Wear, Judge.. (1) The judgment of relators has no precedence over the warrants composing the balance of said bach or past indebtedness, and the warrants constituting the back or past indebtedness, including those upon which said judgment was rendered, should be paid out of the fund raised for their payment in the order in which they were issued and presented.
Read the full summary
Appeal from Butler^ Circuit Cowrt. — Hon. John G-. Wear, Judge.. (1) The judgment of relators has no precedence over the warrants composing the balance of said bach or past indebtedness, and the warrants constituting the back or past indebtedness, including those upon which said judgment was rendered, should be paid out of the fund raised for their payment in the order in which they were issued and presented. E. S. 1889, secs. 3166 and 3167. (2) The relators, nor any other creditor of said county, can not set in motion a proceeding to invoke the aid of section 7654, Eevised Statutes 1889. The…
1Opinion of the CourtValliant, J.
This is an appeal from the circuit court of Butler county awarding a writ of mandamus against the county court of that county, and the justices of that court, requiring them to appropriate a certain fund in the hands of the county treasurer towards the payment of a judgment against the county in favor of relators. The facts are undisputed. •
In 1895 relators brought suit in the circuit court of Butler county against that county on certain warrants theretofore issued by the county court, and obtained judgment for $11,682.05. In May, 1897, the county court having assessed the taxes required for…
2Cases cited1 opinion
- Andrew County ex rel. Kirtley v. SchellSupreme Court of Missouri · 1896
3Cited by4 opinions
- Sturdivant Bank v. Stoddard CountySupreme Court of Missouri · 1933
- Douglas County v. Bank of Ava.Supreme Court of Missouri · 1933
- State ex rel. National Bank v. JohnsonSupreme Court of Missouri · 1901
- State Ex Rel. Philpott v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1922