State Ex Rel. Buchanan County v. Imel
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — IIon. Charles H. Mayer, Judge. (1) We ask the court to again consider the question of the validity of Section 106Í95. The decision must turn mainly on whether or not a judge of prohate is a ' state or comity officer. It was held in Henderson v. Ivoenig, 168 Mo. 357, that he is a county officer, whose fees must be provided and regulated by a uniform law.
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Appeal from Buchanan Circuit Court. — IIon. Charles H. Mayer, Judge. (1) We ask the court to again consider the question of the validity of Section 106Í95. The decision must turn mainly on whether or not a judge of prohate is a ' state or comity officer. It was held in Henderson v. Ivoenig, 168 Mo. 357, that he is a county officer, whose fees must be provided and regulated by a uniform law. Constitution, Art. 9, sec. 12. Section 10696', was upheld in the case in 242 Mb'. 293, by a divided court, and followed in the same case on second appeal, and on the latter appeal the court was also…
1Opinion of the CourtWalken, C. J.
The appeal in this case arises out of a judgment rendered in the Circuit Court of Buchanan County against appellants and in favor of the respondent in a suit brought by the latter to recover certain fees alleged to have been retained by the appel lant Intel as probate judge of that county in excess of the amounts allowed him by law during the. years of his official terms as stated in' the petition. The questions submitted for review are: is Section 10095', Revised Statutes 1909, constitutional; and what was the annual compensation of a circuit judge of that county during the years in question?
2Cases cited10 opinions
- State ex rel. Attorney General v. RansonSupreme Court of Missouri · 1880
- Greene County v. LydySupreme Court of Missouri · 1914
- State ex rel. Buchanan County v. ImelSupreme Court of Missouri · 1912
- State ex rel. Rumbold v. GordonSupreme Court of Missouri · 1911
- Brown v. PattersonSupreme Court of Missouri · 1909
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3Cited by2 opinions
- State ex inf. Taylor v. Pretended Consolidated School District No. 3Supreme Court of Missouri · 1951
- State Ex Rel. Jasper County v. GassSupreme Court of Missouri · 1927