Owens v. Andrew County Court
Supreme Court of Missouri
Petition for Certiorari. The court had no jurisdiction. . The statute under which the proceedings were had, so far as it relates to collectors, was superseded and repealed by the act of 1864 (Sess. Acts 1863-4, p. 61). Every affirmative statute repeals by implication a preceding affirmative statute so far as the same is contrary thereto. (Dwar. Stat. 573 ; Spence v. State, 5 Ind. 41; id. 500 ; 2 Ind. 440 ; 6 Ind. 146 ; 13 How. 429 ; Smith y.
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Petition for Certiorari. The court had no jurisdiction. . The statute under which the proceedings were had, so far as it relates to collectors, was superseded and repealed by the act of 1864 (Sess. Acts 1863-4, p. 61). Every affirmative statute repeals by implication a preceding affirmative statute so far as the same is contrary thereto. (Dwar. Stat. 573 ; Spence v. State, 5 Ind. 41; id. 500 ; 2 Ind. 440 ; 6 Ind. 146 ; 13 How. 429 ; Smith y. State, 14 Mo. 147; 26 N. Y. 169.) The act of 1863-^4 professes to provide a complete system for the collection of the whole revenue, State and county,…
1Opinion of the CourtBliss, Judge
Contrary to the usual practice, we allowed this writ without requiring the relator to commence in the Circuit Court. Unless for special reasons full justice cannot be done by the latter course, it will always be required.
The relator was sheriff and collector for Andrew county from 1864 to December 31, 1868. During this period he made his settlements with the County Court regularly and paid over all balances found due into the county treasury. In January, 1869, a newly-constituted County Court, whose judges appear to have held different views from their predecessors upon the principal matters…
2Cases cited5 opinions
- In re the Saline County Subscription, ThompsonSupreme Court of Missouri · 1869
- State ex rel. Maguire v. DraperSupreme Court of Missouri · 1870
- County of Marion v. PhillipsSupreme Court of Missouri · 1869
- Price v. Johnson CountySupreme Court of Missouri · 1852
- Andrew County v. OwensSupreme Court of Missouri · 1870
3Cited by9 opinions
- Cole County v. DallmeyerSupreme Court of Missouri · 1890
- State Ex Rel. Gardner v. HallSupreme Court of Missouri · 1920
- State ex rel. Campbell v. Police CommissionersMissouri Court of Appeals · 1883
- State ex rel. Carroll County v. RobertsSupreme Court of Missouri · 1875
- Agricultural Insurance v. ClanceyAppellate Court of Illinois · 1881
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