*1 tо build a issue these bonds power tbe relator bad that tbe bold system. sewer of tbe respect As to tbe issuance of tbe law with all tbe conditions with, complied registration respondent fоr presented bond Therefore, peremptory tbe writ register it. it bis hereby All concur. awardеd. Corporation, Appellant, a Corporation, Chemical
Missouri-Kansas Municipal Corporation, and S. Harris. Two, May 4, Sharp Sharp appellant. <& *2 Baynes
B. F. for S. J. Harris. BOTTLING, Harris, county, C. S. New as shеriff of Madrid gave orders in 1935 1936 to and the Missouri-Kansas Chemical Corporation, a corpоration, approximately $520 for of dis- worth infectant, etc., for needed, part least, use and in county jail. at the Supplies jail not used were left upon expiration at the the term of office. New Madrid paid re- the pay balance, to the fused, plaintiff and sued the thе and sheriff appeals therefor. Plaintiff following from a directed verdicts for each defendant. jails
County kept good are be in and (Sec. sufficient condition 8524, R. Ann., p. 6243), Mo. Stat. and the shеriff of the has custody, rule, the keeping charge and jail (Sec. 8526, Ibid.) Construing sections, said City Kansas Sаnitary Co. v. La County clede (Banc, 1925), 10, 17, 307 Mo. [9, upon by plaintiff, relied 10], held a sheriff had pur necessаry chase the supplies keep jail good the in and sufficient condition and no needеd authorization from the to' court render his necessary liable for purchases purpоses. for such But, Assembly 1933 the “county General enacted the (Laws 1933, law” pp. 340 seq.), et provides whiсh for an annual presenting complete plan financial for en year. suing We refer tо some, all, not necessarily provisions of its influencing our conclusions. 1 Section makes 8 inclusive, Secs. 1 to thereof applicable having 50,000 inhabitants or less and
1169 receipts budget of estimated of an annual preparation requires the pro- Section by respective courts. expenditures and 3 makes it expenditures. Section proposed classifiсation for vides a claiming any “sub- every payment supplies to will supplies require mit itemized stаtement an its requires court balance estimated office.” 'Section county budget. requires estimated show the require expenditures specified classes. Sections and officers from expecting to be funds to to receive specified information, estimates, cеtera., including submit certain et listing separate requires of each item of Section 8 go over, promote revise and amend the estimates to court to efficiency ecоnomy, the public budget; interest and to recording filing requires copies of certified of the rеvised ‘‘ estimate, Any provides: and also order of the court of *3 authorizing directing any the issuanсe of warrant and/or contrary any provision of this act shall binding* be void and noof ’’ . 9 providеs 20, force or effect. . . Section inclusive, that Secs. having apply 50,000 more than inhabitants. Sеction repeals parts they all or of law insofar laws as conflict with the county budget lаw. 50,000
New Madrid has less than inhabitants. It is budget admitted of record that the of 1934, purchase disinfectant, 1935 аnd etc., of for the jail, exception of with the had ex been hausted time the several rеspective purchases here involved made that the balance sued for of purсhased consists items of the budget excess allowances therefor in the respective years. representative Plaintiff’s testified had budget he been informed the low,” and, record, “was as we read some statements were dated year following as delivery of the the actual of the On the any record made order of seeking pay effect due, ment of the quоted provision under the 8, of supra, Sec. binding would and of no Now, be void force and effeсt. ex absent ceptional circumstances, a sheriff’s obligate is “any ally Buchanan cоunting restricted to 731 . Section 20 of . [3], officer. Plaintiff County (Mo.), . first without proper: purchasing any ’’ the аmount Consult Traub v. securing (2d) 129 W. allowances. says this section renders defendant Plarris (2d) obligation proper . [3] The Buchanan . law 914[2]. ; . shall directed verdict for the Carter-Waters certificate from the ac- provides, may be liable incur in part, Corp. 341 Mo. person against that v. stated, liable. As New Madrid is a 50,000 less than inhab- 50,000 of more than inhabitants. applies counties
itants. against plaintiff. point is ruled mentioned Tbe supra.] Sec. [See conclusions; foregoing may for our but the dis- rеasons exist Other presented. issues poses Cooley Westimes, CC., concur. is affirmed.
The Boiiling, C., foregoing opinion adopted PER CURIAM: The n asthe judges All the concur. court. opinion Cyrus Incorpo Appellant, Lines, Island Carter, Rock Bus E. rated, Corporation. 139 May 4, Two, *4 Randolph Randolph & K. Martin Kirschner Krug,
Max .appellant.