Scott County v. Leftwich
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Hon. Henry C. Riley, Judge. (1) The court erred in overruling appellant’s motion to dismiss the appeal taken by respondent from the order of the county court. Session Acts of 1891, pages 152, 153, 154, amending Revised Statutes 1889, sections 5009, 5010, and 5011. If was not a judgment, but an administrative order of the court.
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Appeal from Scott Circuit Court. — Hon. Henry C. Riley, Judge. (1) The court erred in overruling appellant’s motion to dismiss the appeal taken by respondent from the order of the county court. Session Acts of 1891, pages 152, 153, 154, amending Revised Statutes 1889, sections 5009, 5010, and 5011. If was not a judgment, but an administrative order of the court. Marion Co. v. Phillips, 45 Mo. 75; State v. Roberts, 60 Mo. 402; State v. Roberts, 62 Mo. 388; Cole Co. v. Ballmeyer, 101 Mo. 57; State v. McGonigle, 101 Mo. 353; Scars v. Stone Co., 105 Mo. 236. (2) It was only a preliminary…
1Opinion of the CourtGantt, P. J.
This is an anomalous proceeding.
The defendant Leftwich was the duly elected and qualified circuit clerk of Scott county during the years 1891, 1892, 1893 and 1894. He ceased to be clerk of said court June 18, 1894. In the fall of 1894 the county court approved all of his quarterly statements of fees theretofore filed from time to time, as required by statute, and discharged him from further accounting. At the March term, 1895, the new county court of said county, made an entry on its record reciting that it appearing from the quarterly statements of fees of John M. Leftwich, clerk of the…
2Cases cited13 opinions
- Cole County v. DallmeyerSupreme Court of Missouri · 1890
- Colville v. JudySupreme Court of Missouri · 1881
- Sheridan v. FlemingSupreme Court of Missouri · 1887
- St. Louis, Iron Mountain & Southern Railway Co. v. City of St. LouisSupreme Court of Missouri · 1887
- County of Marion v. PhillipsSupreme Court of Missouri · 1869
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3Cited by8 opinions
- King's Lake Drainage & Levee District v. JamisonSupreme Court of Missouri · 1903
- Barnett v. Pemiscot County CourtMissouri Court of Appeals · 1905
- State Ex Rel. Dietrich v. DauesSupreme Court of Missouri · 1926
- Rippeto v. ThompsonSupreme Court of Missouri · 1949
- State v. ThompsonSupreme Court of Missouri · 1935
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