Saylor v. Nodaway County

• Citation: 159 Mo. 520,60 S.W. 1057
• Parties: SAYLOR v. NODAWAY COUNTY.
• Decision Date: 12 February 1901
• Court: United States State Supreme Court of Missouri

60 S.W. 1057

159 Mo. 520

SAYLOR v. NODAWAY COUNTY.

Supreme Court of Missouri, Division No. 1.

February 12, 1901.

COUNTIES — PROBATE COURTS — EXPENSES.

Under Rev. St. 1899, § 1762, providing that the necessary expense incurred by probate courts, for books, etc., "and other necessaries," shall be paid by the county, a county is liable for the cost of postage stamps furnished by the probate judge, and certified by him for payment, because necessary and actually used in his office.

Appeal from circuit court, Nodaway county; C. A. Anthony, Judge.

Action by Joseph H. Saylor, probate judge, against Nodaway county. From a judgment for defendant, plaintiff appeals. Reversed.

Joseph H. Saylor and J. S. Shinabarger, for appellant. John M. Dawson, for respondent.

ROBINSON, J.

This action was begun by plaintiff filing an account with the county court of Nodaway county for expenses incident to the administration of the office of the probate judge of said county. Part of the amount was allowed by the county court, but the items for postage stamps furnished by the probate judge, and certified by the probate judge for payment because necessary and actually used in his office from December 19, 1896, to March 3, 1897, was rejected and disallowed, and from said action of the county court an appeal was duly taken to the circuit court, when, upon a trial there, the case was again decided against the appellant herein, Joseph H. Saylor, the then judge of the probate court of Nodaway county. In the trial of the case in the circuit court it was agreed that the stamps, amounting in the aggregate to $4, were used by the plaintiff in the discharge of the office business of his office, and were necessarily required therein, and were purchased by plaintiff, and that, at the time of the presentation to the county court for allowance for the account, there was sufficient funds on hand, unappropriated, in the contingent fund of said county, with which the same could have been paid. But the one question is raised on this appeal, and that is as to whether stamps used in the discharge of the official business of a probate judge is included within the words "and other necessaries," as same is used in section 1762, Rev. St. 1899, said section reading as follows: "Every probate court shall have a seal of office, of some suitable device, the expense of which, and the necessary expense incurred by said court for books, stationery, furniture, fuel and other necessaries, shall be paid by the county." Under a statute applicable to circuit clerks, quite similar to the present in its wording, this court, in its early history, was twice called upon to determine what furnishings by the clerk were to be included within the meaning of the term "other necessaries." In the first case (Boone Co. v. Todd, 3 Mo. 140), it appeared that the county of Boone had not then provided a place for the office of the circuit clerk, but that the clerk had furnished his own house for that purpose for several years, and finally presented his account for the value of the rent thereof to the circuit court for approval, and that court allowed to him $120 on his account, and directed the county court to allow and make an order upon the...