Thornton v. Thomas
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1. Section 24 of Art. 6 of the 'constitution of 1865, and the acts passed to carry it into effect, (Wag. Stat. 631, § 29 et seq., Sess.
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Appeal from St. Louis Court of Appeals. 1. Section 24 of Art. 6 of the 'constitution of 1865, and the acts passed to carry it into effect, (Wag. Stat. 631, § 29 et seq., Sess. Acts 1874, p. 63,) in effect make the clerk a trustee, and he receives the fees and emoluments of his office in trust to pay: first, such amounts as the court may direct to deputies; second, to pay the clerk a sum not exceeding $2,500; and, third, to turn over, as the property of the county, any balance left after these payments are made. The clerk consequently has no absolute or unqualified property 'in any of the fees…
1Opinion of the CourtNapton, J.
In this case there is the following agreed state of facts:
1st. That J. Ered. Thornton is now, and has been since the 4th day of January, A. D. 1875, the clerk of said circuit court of the county of S.t. Louis, Missouri; that said Emile Thomas is the sheriff of said county, and said J ohn Lewis was formerly the clerk of said circuit court for the official term immediately preceding the term of said Thornton, and until January 4, 1875, when he ceased to be, and said Thornton became such clerk.
2nd. That on said 4th day of January, A. D. 1875, the day on which he ceased to be such clerk, said…
2Cases cited1 opinion
- In re Account of LewisSupreme Court of Missouri · 1873
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