International Bank v. Franklin County
Supreme Court of Missouri
Appeal from Franklin Circuit Court. —- IIon. D. Q. Gale, Judge. These special statutory instruments are in no sense direct unqualified promises to pay.
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Appeal from Franklin Circuit Court. —- IIon. D. Q. Gale, Judge. These special statutory instruments are in no sense direct unqualified promises to pay. That the manner in which they are to be drawn (see W. S. of 1872, p. 415 § 31), the fund out of which, and the order in which they are to be paid, are all expressly and specially regulated by statute, see W. S. 1872, page 410 § 8, page 411 §§ 9 and 10. They are payable when the ordinary revenue of the county brings into the county treasury funds sufficient, first for the payment of all like warrants first presented for payment, and then for…
1Opinion of the CourtSherwood, C. J.
Action on ten county warrants made payable “ out of any money in the treasury appropriated for county expenditures.” The single issue tendered by the answer was contained in the denial that the warrants “ were due and payable.” Judgment went for plaintiff. The motion in arrest having questioned the sufficiency of the petition necessitates an examination of its allegations ; not to determine whether a demurrer would have been well taken, for we have no • doubt on this score, but in order to determine whether the allegations are of such a nature as will, with the intendments which the law will…
2Cases cited9 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Board of Commissioners v. DayIndiana Supreme Court · 1862
- Campbell v. County of PolkSupreme Court of Iowa · 1856
- Terry v. City of MilwaukeeWisconsin Supreme Court · 1862
- Mansfield v. FullerSupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Wells v. Covenant Mutual Benefit Ass'nSupreme Court of Missouri · 1895
- Wilson v. Knox CountySupreme Court of Missouri · 1896
- State ex rel. Watkins v. Macon County CourtSupreme Court of Missouri · 1878
- Case v. PinnickSupreme Court of Oklahoma · 1939
- Ewing v. DonnellyMissouri Court of Appeals · 1885
22 more not listed; retrieve them via the Exa API.