State ex rel. Lawrence County v. Shipman
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. M. Gf. McGregor, Judge. The settlement was binding on the county court. “Now, while these settlements do not have the conclusiveness of judgments, no reason can be seen why they should not be given the force of settlements between private persons. '* * * The error was in the decision of the county court as to the amount of the collector’s commission.
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Appeal from Lawrence Circuit Court. — Hon. M. Gf. McGregor, Judge. The settlement was binding on the county court. “Now, while these settlements do not have the conclusiveness of judgments, no reason can be seen why they should not be given the force of settlements between private persons. '* * * The error was in the decision of the county court as to the amount of the collector’s commission. The settlement was approved, the excessive commission allowed, and a full quietus given. Indeed, defendants offered to take the burden of proving that the amount of commission was fully discussed and…
1Opinion of the CourtGantt, P. J.
An action was brought against the defendant and his sureties on his bond as collector of the revenue of Lawrence county. There were two counts in the petition, the first charging him with retaining a larger commission on his collections for the year 1887 than allowed him by law, and the second with retaining greater commissions on his collections for 1888 than allowed by law.
*438The finding and judgment on the first count was for defendants, and the county did not appeal. On the second count, the court sitting as a jury found for the plaintiff and gave judgment against the defendant Shipman and…
2Cases cited1 opinion
- State ex rel. Scotland County v. EwingSupreme Court of Missouri · 1893
3Cited by12 opinions
- Lamar Township v. City of LamarSupreme Court of Missouri · 1914
- State v. LudwigSupreme Court of Missouri · 1959
- State ex rel. Shannon County v. HawkinsSupreme Court of Missouri · 1902
- Hethcock v. Crawford CountySupreme Court of Missouri · 1906
- Scott County v. LeftwichSupreme Court of Missouri · 1898
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