Woolfolk v. Randolph County
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Hon. Theo. Brace, Judge. Respondent was authorized to compromise township indebtedness. Laws 1875, p. 23, §§ 1 to 10; Laws 1877, p. 12, § 11. This is a power conferred to do a certain thing; the means necessary to accomplish the work, if not specifically laid down in the act, are necessarily implied. Unless the mode is given the courts use their discretion.
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Appeal from Monroe Circuit Court. — Hon. Theo. Brace, Judge. Respondent was authorized to compromise township indebtedness. Laws 1875, p. 23, §§ 1 to 10; Laws 1877, p. 12, § 11. This is a power conferred to do a certain thing; the means necessary to accomplish the work, if not specifically laid down in the act, are necessarily implied. Unless the mode is given the courts use their discretion. Aull v. City of Lexington, 18 Mo. 401; Page v. St. Louis, 20 Mo. 136. The power given by Revised Statutes, section 5358, to appoint an agent applies to these cases, and it was in force at the time.…
1Opinion of the CourtRat, J.
This is a proceeding begun by appellant in the Randolph circuit court and taken by change of venue to the circuit court of Monroe county. The case was determined upon a demurrer to plaintiff’s amended petition which alleged in substance that plaintiff was on the 11th day of April and the 14th day of July, A. D. 1879, appointed by the county court of Randolph county, Missouri, by proper order of record of said court, its agent for and on behalf of said county to compromise and settle the bonded indebtedness of Sugar Creek township in Randolph county, Missouri; by the terms of said order,…
2Cases cited1 opinion
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