Missouri Revised Statutes

Mo. Rev. Stat. § 51.120 (2026)

Duties

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  51.120.  Duties. — Every clerk of a county commission shall keep an accurate record of the orders, rules, and proceedings of the county commission, and shall make a complete alphabetical index thereto; issue and attest all process, when required by law, and affix the seal of his office thereto; keep an accurate account of all moneys coming into his hands on account of fees, costs or otherwise, and punctually pay over the same to the persons entitled thereto; provided, that when the clerk of the circuit court of his county is a party, plaintiff or defendant, to a suit or action, the writ of summons and all other process relating thereto shall be issued by the clerk of the county commission, the reason therefor being noted on said process, and said clerk of the county commission shall, on the trial of such cause, act as temporary clerk of the circuit court and otherwise perform all the duties of the clerk of the circuit court.

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(RSMo 1939 § 13295, A.L. 1945 p. 653 § 10)

Prior revisions: 1929 § 11676; 1919 § 2122; 1909 § 2685

Notes of Decisions
Cited in 5 cases, 1967–2018 · leading case: Moore v. Morehead, 666 S.W.2d 460 (Mo. Ct. App. 1984).
Moore v. Morehead, 666 S.W.2d 460 (Mo. Ct. App. 1984). · cites it 8× “The issue on appeal is whether the disqualification of a circuit clerk to issue a summons mandated by § 51.120, RSMo 1978, should apply to an election contest.”
Smith v. Taney Cnty., 552 S.W.3d 745 (Mo. Ct. App. 2018). · cites it 3× “With respect to the Amendment, the County failed to: (a) "keep an accurate record of the orders, rules and proceedings of the county commission" pursuant to § 51.120; and (b) record "a 'yea' or 'nay' vote of each county commissioner [that] must appear in the minutes" showing a…”
Baker v. Stone Cnty., Mo., 41 F. Supp. 2d 965 (W.D. Mo. 1999). “§ 51.120. The clerk is also required by law to keep the necessary records and collect contributions from county employees for social security purposes.”
Hometown Lumber & Hardware, Inc. v. Koelling, 816 S.W.2d 914 (Mo. 1991). · cites it 2× “Moore involved former § 51.120, RSMo 1978, and has no application to the present proceedings.”
Becker v. St. Francois Cnty., 421 S.W.2d 779 (Mo. 1967). “§§ 51.120, 51.150. Appellant argues that the enactment of § 205.”
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