Cox v. Osage County
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Hon. Rudolph Hiezel, Judge. (1) Fees or costs are not allowed to public officers unless expressly given by law. Williams v. Chariton Co., 85 Mo. 645; Shed v. Railroad.I, 67 Mo. 687; Gammon v. LaFayette Co., 76 Mo. 675. (2) Plaintiff cannot recover under Revised Statutes, 1879, ’ sections 5829-583U, for these sections contemplate and refer to the preliminary confinement of the lunatic, and which precedes the inquiry by a jury.
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Appeal from Osage Circuit Court. — Hon. Rudolph Hiezel, Judge. (1) Fees or costs are not allowed to public officers unless expressly given by law. Williams v. Chariton Co., 85 Mo. 645; Shed v. Railroad.I, 67 Mo. 687; Gammon v. LaFayette Co., 76 Mo. 675. (2) Plaintiff cannot recover under Revised Statutes, 1879, ’ sections 5829-583U, for these sections contemplate and refer to the preliminary confinement of the lunatic, and which precedes the inquiry by a jury. Besides the sheriff is not among the officers enumerated in section 5829. (3) Plaintiff cannot recover under Revised Statutes, 1879,…
1Opinion of the CourtBrace, J.
On September 16, 1886, one John Molliter, by a verdict of a jury in the probate court of Osage county, was found to be of unsound mind and incapable of managing his own affairs ; also, to be so disordered in his mind as to endanger his own person and the property of others. On the return of the verdict the probate court appointed one Flora Eisner his guardian upon his giving bond as required by law, and ordered that Molliter be placed in the custody of the sheriff of Osage county, “ who will take further steps and confine him in some suitable place so as to protect the safety of the community…
2Cited by7 opinions
- Crouse v. GreensfelderMissouri Court of Appeals · 1909
- County of Audrain v. MuirSupreme Court of Missouri · 1923
- State ex rel. Taylor v. WurdemanMissouri Court of Appeals · 1908
- In Re OswaldNew Jersey Court of Chancery · 1942
- Baker v. Estate of SmithMissouri Court of Appeals · 1929
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