State ex rel. Conner v. Cooper County Court
Supreme Court of Missouri
Error to Cooper Circuit Court. This was a proceeding on mandamus by Conner against the county court of Cooper county, in order to compel that body to issue to him a warrant on the county treasury, to which, as he alleged, he was entitled.
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Error to Cooper Circuit Court. This was a proceeding on mandamus by Conner against the county court of Cooper county, in order to compel that body to issue to him a warrant on the county treasury, to which, as he alleged, he was entitled. At the February term of the Cooper county court, in the year 1850, the following order was made : “ Ordered by the court, that the sum o£ two hundred and fifty dollars be allowed James F. Conner, as extra for building a bridge across the Petite Saline creek,'at Conner’s mills; and that warrants be issued to said Conner for the same, as follows: one half at…
1Opinion of the CourtScott, Judge
1. Our view of this case must depend, in a great measure, upon the light in which the county court is to be regarded, in its action upon the subject. If Conner is to be looked upon as one presenting a demand for services against the county for adjustment, and as having had it allowed, the conduct of the county court, in rescinding at a subsequent term the order making the allowance, can scarcely be sustained. But if, on the other hand, the sum for which the warrants were directed to be issued, was a mere gratuity, then it is conceived that the court had authority, at a subsequent term, to…
2Cited by3 opinions
- State ex rel. West v. Justices of the County CourtSupreme Court of Missouri · 1867
- County of Johnson v. WoodSupreme Court of Missouri · 1884
- Ballard v. . WilliamsSupreme Court of North Carolina · 1886