Legal Opinion

Corbin v. Adair County

Missouri Court of Appeals

Decided January 9, 1903PublishedCited by 4 opinions

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Transferred from Kansas City Court of Appeals. (1) The salary of the clerk allowed by section 31, Laws 1891, is an annual salary. Laws 1891, p. 152, secs. 30 and 31; Allen v. Cowan, 96 Mo. 194; Pugh v. Evans, 31 Mo. App. 290; King v. Texas Co., 146 Mo. 60. (2) The quarterly returns of the clerk are not settlements, and can not. be considered such until they show that he has received the full salary for himself and deputies for a whole year and the county court directs the surplus paid over. Authorities cited under pt. 1. (3) Where the clerk is ex-officio recorder, the two offices are to be…

1Opinion of the CourtGantt, P. J.

This is an appeal from the circuit court of Adair county.

The appeal was certified to the Kansas City Court of Appeals, but because the county of Adair is one of the political subdivisions of the State the Court of Appeals properly held it had no jurisdiction to hear and determine the case and certified it to this court.

The suit is in equity by the plaintiff, who was clerk of the circuit court and ex-officio recorder of deeds of said county from January 1, 1895, to April 19, 1898, at which last-mentioned date the said offices were duly separated and from that date on to January 1,1899, the…

2Cases cited4 opinions

State ex rel. Scotland County v. EwingSupreme Court of Missouri · 1893
State ex rel. Lawrence County v. ShipmanSupreme Court of Missouri · 1894
Scott County v. LeftwichSupreme Court of Missouri · 1898
Allen v. CowanSupreme Court of Missouri · 1888

3Cited by4 opinions

Smith v. Pettis CountySupreme Court of Missouri · 1940
Hethcock v. Crawford CountySupreme Court of Missouri · 1906
St. Louis, Southern Railway Co. v. Spring River Stone Co.Missouri Court of Appeals · 1913
State v. ThompsonSupreme Court of Missouri · 1935