State v. Weatherby
| Decision Date | 14 June 1939 |
| Docket Number | 36350,36349 |
| Citation | 129 S.W.2d 887,344 Mo. 848 |
| Parties | The State, Appellant, v. Glenn C. Weatherby |
| Court | Missouri Supreme Court |
Reported at 344 Mo. 848 at 861.
Original Opinion of June 14, 1939, Reported at 344 Mo. 848. [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted]
On Motion for Rehearing.
Appellant Weatherby's motion for rehearing contends that the $ 3000 for "opinions" was properly allowable and paid out of the $ 30,000 appropriated to the Legal Department "For Operation: For general expense including communication, printing and binding, transportation . . ., travel . . . and for stationery and supplies" (Laws 1931, p. 18, sec. 7); and asserts that our ruling with respect to said item conflicts with a controlling ruling in Thatcher v. City of St. Louis, 343 Mo. 597, 122 S.W.2d 915, 917 (), reading:
The Thatcher case involved the propriety of allowing and paying fees to attorneys representing the Attorney General out of the funds of a charitable trust, the subject matter of the litigation. Aside from the fact that a reading of the Thatcher case does not disclose that Laws 1931, page 18, section 7, was involved, we think it clear that the quoted observations had no reference to the $ 30,000 appropriated "for operation" under said Section 7 but referred to the $ 50,000 item under appropriations "For Personal Services" for such counsel as the Attorney General deemed necessary in the defense or prosecution of proceedings wherein the State of Missouri was a party in interest. The factual, as well as the legal, issues sufficiently differentiate the cases.
Appellant Weatherby rendered personal services in furnishing "opinions." By distinctly specifying the sums appropriated...
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