State ex rel. Sweaney v. Gentry
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James GibsonJudge. (1) A county treasurer is a ministerial officer and has no discretion when warrants properly drawn are presented to him for payment. State ex rel. v.'Adams, 161 Mo. 849. (2) The pretended board of the village of Dallas was never legally constituted; never had possession of the school property of district No. 4, township 48, range 33. No legal plat was ever recorded.
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Appeal from Jackson Circuit Court. — Hon. James GibsonJudge. (1) A county treasurer is a ministerial officer and has no discretion when warrants properly drawn are presented to him for payment. State ex rel. v.'Adams, 161 Mo. 849. (2) The pretended board of the village of Dallas was never legally constituted; never had possession of the school property of district No. 4, township 48, range 33. No legal plat was ever recorded. R. S. 1899, secs. 8956, 8958, 9860. These sections must be read and construed together. No legal petition was ever presented at a meeting of the school board to change…
1Opinion of the CourtBroaddus, P. J.
This is a proceeding to obtain a mandamus commanding the respondent treasurer of Jackson county to pay two school warrants issued by John Sweaney, as clerk, and J. W. Gault, as president of an alleged school district, viz: district No. 4, township 48, range 33, Jackson county. The warrants are for $50 each, one dated October 30, 1903, and the other dated November 27, 1903.
Prior to May 29, 1903, said school district was duly organized as such and funds belonging to it came into the hands of the respondent as county treasurer, on which date there was an effort made to reorganize it under…
2Cases cited5 opinions
- Hurck v. ErskineSupreme Court of Missouri · 1870
- State ex rel. Howser v. OliverSupreme Court of Missouri · 1893
- Gamble v. GibsonMissouri Court of Appeals · 1881
- State ex rel. Gibson v. St. Louis Circuit CourtMissouri Court of Appeals · 1876
- State ex rel. Boeckler v. ThayerMissouri Court of Appeals · 1881
3Cited by2 opinions
- State Ex Rel. Gehner v. ThompsonSupreme Court of Missouri · 1927
- State ex rel. Cainsville Reorganized School District No. 1 of Harrison County v. TomesMissouri Court of Appeals · 1957