State ex rel. Randolph County v. Evans
Supreme Court of Missouri
ON MOTION TO STRIKE OUT. (1) The writ of mandamus is the proper remedy to compel officers of the State whose duties are ministerial to perform .such duties. State ex rel. v. Secretary of State, 33 Mo. 29-3; State ex rel. v. McG-rath, 92 Mo. 355; State ex rel. v. Lesueur, 103 Mo. 262; State •ex rel. v. Cook, 174 Mo.
Read the full summary
ON MOTION TO STRIKE OUT. (1) The writ of mandamus is the proper remedy to compel officers of the State whose duties are ministerial to perform .such duties. State ex rel. v. Secretary of State, 33 Mo. 29-3; State ex rel. v. McG-rath, 92 Mo. 355; State ex rel. v. Lesueur, 103 Mo. 262; State •ex rel. v. Cook, 174 Mo. KX>; State ex rel. v. G-ordon, 231 Mo. 547; State ex rel. v. Roach, 230 Mo. 408. (2) The duties of the State Superintendent of Public ■Schools in making the apportionment of school moneys among the various counties of the State, as required ■by Sec. 10822, R. S. 1909, are purely…
1Dissent
DISSENTING OPINION. .
BROWN, J.
I concur in the views expressed by my associate, Judge Graves, in the majority opinion, so far as that opinion announces the law to be that respondent as State Superintendent of Public Schools is without power to withhold current funds from a school district because such district has through an intentionally false enumeration obtained at a prior apportionment more money than its just share of the school funds of the State.
The claim which would arise in favor of the State against a school district by reason of money received by such district through a fraudulent…
2Cases cited14 opinions
- Lingo v. BurfordSupreme Court of Missouri · 1892
- State v. HathawaySupreme Court of Missouri · 1893
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
- Board of Supervisors v. Supervisor of MentorMichigan Supreme Court · 1892
- State v. EvansSupreme Court of Missouri · 1884
9 more not listed; retrieve them via the Exa API.