Callaway County v. Henderson
Supreme Court of Missouri
Appeal from Callaivay Circuit Court. — Hon. John A. Hockaday, Judge. (1) If the clerk retained rüoney belonging to the county and refused afterward to make correct returns the county was thereby defrauded, and the defendant was guilty of fraud in procuring the orders of the county court approving his reports.
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Appeal from Callaivay Circuit Court. — Hon. John A. Hockaday, Judge. (1) If the clerk retained rüoney belonging to the county and refused afterward to make correct returns the county was thereby defrauded, and the defendant was guilty of fraud in procuring the orders of the county court approving his reports. Constitution of Missouri, art. 9, sec. 13; R. S. 1889, secs. 5009 to 5013. The court in trying the case proceeded on the theory that there was no fraud in procuring the orders of the county court approving the returns, unless the fees were omitted with the intention and for the purpose…
1Opinion of the CourtMacfarlane, J.
Defendant Henderson was the clerk of the county court of Callaway county for two terms, the first commencing January 1,1883, and ending January 1,1887; and the second commencing January 1. 1887, and ending January 1, 1891. During the two terms he made quarterly settlements with the county court of fees received by him during the previous quarter; which settlements were examined and approved by the court. The returns made by the clerk of fees received for each quarter only included such as were collected for notarial work performed by him, and did not generally include the fees provided by law…
2Cases cited2 opinions
- State ex rel. Scotland County v. EwingSupreme Court of Missouri · 1893
- Callaway County v. HendersonSupreme Court of Missouri · 1893
3Cited by6 opinions
- State ex rel. Jackson County v. ChickSupreme Court of Missouri · 1898
- Scott County v. LeftwichSupreme Court of Missouri · 1898
- State v. ThompsonSupreme Court of Missouri · 1935
- State ex rel. Callaway County v. HendersonSupreme Court of Missouri · 1898
- State ex rel. Christian County v. GideonSupreme Court of Missouri · 1900
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