75 Mo. 282 | Mo. | 1882
It appears from tbe record in this case that Adair county instituted in the Adair county circuit court, a suit by attachment on the bond of Ownby, as county .collector, and that on the 1st day of June, 1867, judgment was rendered in favor of the county for about $6,000, and on the same day D. A. Ely, one of the sureties on Ownby’s bond, was appointed receiver to take charge of the assets attached and out of them pay off said judgment. It also appears that said Ely, as receiver, paid off said judgment and undertook to settle with the court his accounts as receiver, and for this purpose made a report or statement of account, the coi’rectness of which being drawn
This case has heretofore been before this court on the very same evidence on which it is now here, and is reported, in 59 Mo. 437, to which reference is here made for a full history of it. When this case was here- before these same warrants were in controversy, and it was urged in that case that the court erred in not charging said Ely with the Chandler, Ringo and Smith warrants, and in not crediting him with the full amount of the Reed warrant, and it was upon that ground chiefly that the judgment was reversed, this court holding that the Chandler, Ringo and Smith warrants ought to have been charged to Ely and were not,, and that he was only entitled to a credit for what the Reed warrant cost after first charging himself with the whole amount of it. When the case went back, the circuit court followed the directions of this court, and the obedience of that court to the mandate of this court is now assigned for error. It was expressly held when the case was here be
Various exceptions were also taken as to the action of the court in allowing certain credits for attorney’s fees and expenses to the receiver, which we deem it unnecessary to particularize further than to say, the charges, though liberal, might well have been allowed under the evidence. Judgment reversed and cause remanded,