STATE v. LUDWIG

No. 45746.

322 S.W.2d 841 (1959)

STATE of Missouri, Appellant, v. Lawrence LUDWIG, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 13, 1959.


Attorney(s) appearing for the Case

John M. Dalton, Atty. Gen., Robert R. Welborn, Asst. Atty. Gen., for appellant.

Christian F. Stipp, Carrollton, for respondent.


BARRETT, Commissioner.

In this summary proceeding by motion, alleging that Lawrence Ludwig, who as treasurer and thereby ex-officio collector of Carroll County, had retained fees and commissions in excess of those allowed by law, the State of Missouri sought to recover its share of the excess, $653.96 for 1954 and $844.13 for the year 1955, together with the statutory penalty of 10% per month upon the amounts he had failed to pay. Sec. 139.260, R.S.Mo.1949, V.A.M...

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