Legal Opinion

City of St. Louis v. Sickles

Supreme Court of Missouri

Decided March 15, 1873PublishedCited by 6 opinions

Appeal from St. Louis Circuit Court. The recognition and implied authorization of the practice of delivering money to the auditor by the ordinances in force at the time of the execution of this bond, make the receipt of this money his official act and his direct violation of the express 'provision of ordinance as to its disposition, a breach of the bond.

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Appeal from St. Louis Circuit Court. The recognition and implied authorization of the practice of delivering money to the auditor by the ordinances in force at the time of the execution of this bond, make the receipt of this money his official act and his direct violation of the express 'provision of ordinance as to its disposition, a breach of the bond. This was the actual mode of conducting these accounts, established by the auditor and the departments, long before the time this bond was entered into. It was not the auditor’s duty to receive or disburse the public moneys, and the sureties…

1Opinion of the CourtEwing, Judge

This is an action on the bond of Philip H. Murphy as auditor of the City of St. Louis, against the defendants as his sureties. The condition of the bond is as follows, namely: Now if the said Philip H. Murphy shall faithfully perform all the acts and duties required of him in said office by any law of the State of Missouri or ordinance of the City of St. Louis, now existing or hereafter passed, this obligation to be void; otherwise to remain in force. The bond bears date April 5th, 1867. The breach alleged is, that by an ordinance of the said City of St. Louis passed on the 6th day of…

2Cases cited1 opinion

  1. Nolley v. Callaway County CourtSupreme Court of Missouri · 1848

3Cited by6 opinions

  1. Citizens Bank v. American Surety Co.Supreme Court of Georgia · 1932
  2. White v. SaginawMichigan Supreme Court · 1880
  3. Home Savings Bank v. TraubeSupreme Court of Missouri · 1881
  4. State ex rel. Hamilton v. MayMissouri Court of Appeals · 1913
  5. State ex rel. Zimmerman v. SchaperMissouri Court of Appeals · 1911

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