84 Mo. 144 | Mo. | 1884
This is a suit in ejectment for a tract of land in McDonald county. The cause was taken, on change of venue, to Greene-county, where, on a trial, defendant obtained a judgment, from which plaintiff has appealed to this court. Both parties claim title under Calvin F. Fields, who, in November, 1874, was elected collector of the revenue for McDonald county, and gave bond with defendant and others as his sureties, for the faithful discharge of his duties, which was dated, approved and filed for record on the 17th day of November, 1874. The condition of the bond was, that he would faithfully and punctually collect and pay over all state, county, and other revenue, for the two years ensuing the first of January, 1875, etc. The statutory condition is: 11 For the two years next ensuing the first day of Febnoary thereafter.”
Section 97 of the revenue law of 1872 provides that 1 the bond of the collector, “ when approved and recorded,
By section 168 of the revenue act of 1872, the collector was required, on or before the third day of each month, to pay into the county treasury such sums as he may have collected of'the county revenue for the preceding month. The plaintiff, in his replication to defendant's answer, alleging substantially the foregoing
It is also contended by appellant’s counsel that the judgment rendered by the circuit court on the motion filed by the county of McDonald against Fields and, his sureties was a nullity because the proceeding was insti
In Ray County v. Barr, 57 Mo. 292, the imoceeding against the clerk of the circuit court was under sections 19 and 20, eb. seq., 1 Wag. Stat. 412. That was an ex parte proceeding in the circuit court of which the defendant was clerk, and this court held, because it was-
The judgment of the circuit court is affirmed.