72 Mo. 593 | Mo. | 1880
This cause is here on writ of error, and the error assigned is the action of the circuit court of Newton county in sustaining a demurrer to the following petition : “Plaintiff, for amended petition herein, states that
It is insisted that as the petition shows that the warrant therein mentioned is payable out of the “internal improvement fund,” no recovery can be had against the county. If nothing more than this appeared, the position taken by defendant would be fully maintained by the case of Pettis County v. Kingsbury, 17 Mo. 479, where it was held that Kingsbury, who had contracted to build a bridge and wait for his pay “ till the amount is received from the state-out of the road and canal fund,” and had received a warrant payable out of said fund, could not enforce against the-
Judgment reversed and cause remanded,