County of St. Charles v. Powell
Supreme Court of Missouri
Appeal fr.om St. Charles Circxdt Court. This was a suit commenced April 19, 1855, founded upon the following obligation : “ $175. Twelve months after date, we or either of us promise to pay to the County of St. Charles, one hundred and seventy-five dollars, to bear interest at the rate of ten per cent, per annum from date till paid, it being for that amount borrowed of the road and canal fund of said county.
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Appeal fr.om St. Charles Circxdt Court. This was a suit commenced April 19, 1855, founded upon the following obligation : “ $175. Twelve months after date, we or either of us promise to pay to the County of St. Charles, one hundred and seventy-five dollars, to bear interest at the rate of ten per cent, per annum from date till paid, it being for that amount borrowed of the road and canal fund of said county. Witness our hands and, seals this 5th day of February, 1841. [Signed] Ludwell E. Powell, (seal). T. Yosti, (seal). Wm. Echert, (seal).” It was alleged in the petition that the defendant,…
1Opinion of the CourtLeonard, Judge
In 6 Bacon’s Abr. tit. “ Prerogative,” E. 5, it was said that when a statute is general, and thereby any prerogative, right, title, or interest is divested or taken from the king, in such case the king should not be bound, unless the statute is made by express words to extend to him. It is upon this principle that, by the English common law, statutes of limitations do not apply to actions brought by the crown, unless there be an express provision including it; and Story (United States v. Hoar, 2 Mason, 312,) after referring to the reason given by Blackstone (1 Com. 247,) says that the true…
2Cases cited1 opinion
- Marion County v. MoffettSupreme Court of Missouri · 1852
3Cited by31 opinions
- U. S. Oil & Refining Co. v. Department of EcologyWashington Supreme Court · 1981
- Johnson v. BlackSupreme Court of Virginia · 1905
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- Baldwin v. TrimbleCourt of Appeals of Maryland · 1897
- School Directors of St. Charles v. GoergesSupreme Court of Missouri · 1872
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