Legal Opinion

Harkreader v. Vernon County

Supreme Court of Missouri

Decided February 25, 1909PublishedCited by 12 opinions

Transferred from Kansas City Court of Appeals. (1) The motion to strike out (demurrer) should have been sustained. The suit is brought by the wrong party. If the sheriff, as jailer, had a right to buy water and gas from the Missouri Water, Light and Traction Company, lie did so as the agent of the connty, and the connty became debtor to the company for the same. All legal debts made by any officer of a connty, in the discharge of his duties as such officer, are county debts.

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Transferred from Kansas City Court of Appeals. (1) The motion to strike out (demurrer) should have been sustained. The suit is brought by the wrong party. If the sheriff, as jailer, had a right to buy water and gas from the Missouri Water, Light and Traction Company, lie did so as the agent of the connty, and the connty became debtor to the company for the same. All legal debts made by any officer of a connty, in the discharge of his duties as such officer, are county debts. Barnard & Co. v. Knox County, 105 Mo. 390. The same rule would hold good in the case of the purchase of stamps and…

1Opinion of the CourtLamm, P. J.

This case is twin to Ewing v. Vernon County, this volume, page 681, and was argued and submitted with that case. Mr. Harkreader was sheriff of Vernon county. He sues in three counts — • on the first, for his outlays ($246.15) for gas and water service in the county jail; on the second, for outlay ($18) for stamps used in his official business; and on the third, for outlay ($72) for janitor service in his office at $2 per month — -all which several sums he paid out because of the refusal of the county court to supply such water, gas, janitor service and stamps, and for which he demanded and…

2Cases cited5 opinions

  1. Maupin v. Franklin CountySupreme Court of Missouri · 1878
  2. Boggs v. Caldwell CountySupreme Court of Missouri · 1859
  3. Reppy v. Jefferson CountySupreme Court of Missouri · 1870
  4. Dennison v. County of St. LouisSupreme Court of Missouri · 1862
  5. Riley v. Pettis CountySupreme Court of Missouri · 1888

3Cited by12 opinions

  1. Maxwell v. Andrew CountySupreme Court of Missouri · 1941
  2. State Ex Rel. Buder v. HackmannSupreme Court of Missouri · 1924
  3. Kansas City Disinfecting & Manufacturing Co. v. Bates CountySupreme Court of Missouri · 1918
  4. Carter v. Reynolds CountySupreme Court of Missouri · 1926
  5. Kansas City Sanitary Co. v. Laclede CountySupreme Court of Missouri · 1925

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