Wright v. Fetters
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) The Township Organization law of this State, enacted in 1879 (2 R. S. of 1879, chap. 162, p. 1456), adopted in Sullivan county in 1880, was and is unconstitutional and void.
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Appeal from the Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) The Township Organization law of this State, enacted in 1879 (2 R. S. of 1879, chap. 162, p. 1456), adopted in Sullivan county in 1880, was and is unconstitutional and void. State ex rel. v. Gibson, 94 S. W. 513, J. N. Keithly, before whom' this case was instituted anj tried, was elected justice of the peace at the township election in Taylor township in said Sullivan county, held in March, 1905. The Township Organization law, under which he was elected and acted, being unconstitutional, Ms office in law did not exist,…
1Opinion of the CourtJohnson, J.
Action begun in a justice’s court on a promissory note. The defense was a plea of payment. That issue was tried before a jury in the circuit court on appeal and defendants had judgment, from which plaintiff prosecutes this appeal.
Defendants executed and delivered to plaintiff the note in suit, which was for $100, and plaintiff delivered it to a Mr. Coulter as collateral security. Defendants introduced evidence tending to show that after the note matured Coulter and defendant W. H. Fetters met for the purpose of having a settlement. At that meeting, Fetters paid the note in full to Coulter who…
2Cases cited2 opinions
- Saxton National Bank v. BennettSupreme Court of Missouri · 1897
- Estate of Pound v. CassityMissouri Court of Appeals · 1902