Legal Opinion

Potter v. Douglas County

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 15 opinions

Appeal from Douglas Circuit Court. — Host. R. W. Evan, Judge. “No county * * * shall be allowed to become indebted in any manner, or for any purpose, to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified voters thereof, voting at an election to be held for that purpose.”

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Appeal from Douglas Circuit Court. — Host. R. W. Evan, Judge. “No county * * * shall be allowed to become indebted in any manner, or for any purpose, to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified voters thereof, voting at an election to be held for that purpose.” Section twelve, article ten, of the constitution of the state of Missouri, simply means that the income and revenue for that year may be expended the same year, and the county may go in debt the same year to an amount not in excess of the income of…

1Opinion of the CourtSherwood, J.

Plaintiff brings this action to recover of defendant the sum of four hundred and fifty-nine dollars, on account of services performed by him as sheriff and jailor of Gfreene county, in keeping, boarding, clothing and taking to court certain prisoners committed to the jail of that county by the sheriff of defendant, under the provisions of section 6090, Revised Statute^. The bill of plaintiff for these services, though.] *241approved by the circuit judge and prosecuting attorney, the county court of defendant, on its presentation, refused to pay or pass upon.

The case was tried on an.-agreed…

2Cases cited2 opinions

  1. Fusz v. SpaunhorstSupreme Court of Missouri · 1878
  2. State v. HayesSupreme Court of Missouri · 1884

3Cited by15 opinions

  1. Smart v. Board of County Com'rs of Craig CountySupreme Court of Oklahoma · 1917
  2. Rauch v. ChapmanWashington Supreme Court · 1897
  3. Payne v. City of CovingtonCourt of Appeals of Kentucky (pre-1976) · 1938
  4. Spilman v. City of ParkersburgWest Virginia Supreme Court · 1891
  5. People ex rel. Seeley v. MaySupreme Court of Colorado · 1886

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