7 Mo. 353 | Mo. | 1842
Opinion of the Court, delivered by
The State of Missouri sued Hinkson in the circuit court of Washington county, when judgment being given for Hink-son, she sues out her writ of error to reverse that judgment.
Hinkson was sheriff of Washington county, and was sued by the State on his official bond; and it is assigned as a breach, that he retained in his hands $594.74 of moneys belonging to the State. Hinkson set off a demand against the State of $659.75, for fees and charges for the keeping Edward Wideman, in the years of 1831 and 1832, who had been indicted in the circuit court of Washington county for murder. This allowance had been made to the person who was sheriff in those years, and it was admitted that Hinkson
The act declares indeed that all accounts so certified shall be a sufficient voucher for the auditors warrant, but it did not intend that he ought to draw his warrant, whether the costs allowed were legal or illegal.
The judgment is reversed and the cause remanded.