State ex rel. Kinsey v. Messerly
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Sc». George F. Longcm, Judge. (1) Relator having compromised his claim for fees under the general law relating to fees of justices of the peace, and the compromise having been fully effected, relator cán not now claim fees that were earned prior to February 4' 1902, the date of such compromise. (2) A public officer may accept as full payment less than the amount due under the law for fees for past services and is bound by such acceptance.
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Appeal from Pettis Circuit Court. — Sc». George F. Longcm, Judge. (1) Relator having compromised his claim for fees under the general law relating to fees of justices of the peace, and the compromise having been fully effected, relator cán not now claim fees that were earned prior to February 4' 1902, the date of such compromise. (2) A public officer may accept as full payment less than the amount due under the law for fees for past services and is bound by such acceptance. Thompson v. Cullers, 35 S. W. 412; Bank v. Fink, 24 S. W. 937; Oberborfer v. Louisville School Board, 85 S. -W. 696;…
1Opinion of the CourtGantt, J.
This is an appeal from the judgment of the circuit court of Pettis county awarding a peremptory writ of mandamus in favor of the plaintiff against the defendants, as judges of the county court of said county, for a balance of $1,208.95, alleged to be due plaintiff as fees as justice of the peace of Sedalia township for the period from September 1, 1899, to June 1,1902. The total amount of said fees for the said period was $2,948.10, but as the county court paid relator $1,761.65 as salary for the same time under the act of 1899, known as the “Barnett Law,” being an amendent to section 5005,…
2Cases cited3 opinions
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
- Henderson v. KoenigSupreme Court of Missouri · 1906
- McCabe v. BruereSupreme Court of Missouri · 1899
3Cited by19 opinions
- State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
- State ex rel. Wiles v. WilliamsSupreme Court of Missouri · 1910
- Greer v. Hunt CountyTexas Commission of Appeals · 1923
- Gracey v. City of St. LouisSupreme Court of Missouri · 1908
- Greene County v. LydySupreme Court of Missouri · 1914
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