Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 105

Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 105

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...courts. " Vhat a court is to do, therefore, is to declare the law as written, leaving it to the people themselves to make such changes as new circumstances may require." Cooley on Const. Lim. 5 Ed. 67., The plaintiff insists that there is no substantial difference between this case and Potter '0. Douglas 00., 87 Mo. 240. In that case the plaintilf sued Douglas county for services performed by him as jailer of Greene county, in keeping, boarding, clothing and taking to court prisoners. The indebtedness was incurred under section 6090, Revised Statutes. 1879. The agreed statement showed "that, at the time the fee bill was presented to the county court, the revenue for said years was expended, and the same could not be paid without issuing warrants in excess of the income and revenue for said years." On this statement we held the plaintiff could recover. It is to be observed that the agreed statement in that case did not show that the revenues had been expended when the indebtedness was incurred. For aught that appears there may have been revenues unexpended and set apart to the proper fund when the indebtedness was contracted. 'Our opinion, however, is not placed on any such ground. It is placed upon grounds which would include the case in hand, and which are inconsistent with what has been said on the present occasion. There is, of course, a difference between the facts in that case and the facts in the present one, but the constitution takes no notice of such differences. That case is, therefore, overruled. Now the agreed statement in this case does not, in terms, say that the contingent fund set apart for 1885 had been exhausted when the books and stationery were purchased; but it does show that the warrant...
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Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • English
  • Illustrations, black and white
  • 1236798678
  • 9781236798671