State ex rel. McDermott Realty Co. v. McElhinney
Supreme Court of Missouri
Mandamus. (1) Eelators are seeking to enforce a constitutional right, have complied with the law and are entitled to an outlet. The Constitution creates the right and the Legislature has no power to limit it, but can only prescribe the modus operandi by which the way may be obtained.
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Mandamus. (1) Eelators are seeking to enforce a constitutional right, have complied with the law and are entitled to an outlet. The Constitution creates the right and the Legislature has no power to limit it, but can only prescribe the modus operandi by which the way may be obtained. (2) Admitting for the purpose of the argument that the Legislature may limit the right to an inhabitant of the State, the petition of relators in the county court of St. Louis county sufficiently averred the inhabitancy of the McDermott Eealty Company by referring to it as a “domestic corporation.” (3) The…
1Opinion of the CourtKennish, J.
This is an original proceeding in mandamus, the purpose of which is to obtain a writ from this court, commanding the respondent, as judge of the circuit court of St. Louis county, to assume jurisdiction of a proceeding pending in his said court on appeal from the county court of said county, in which relators are seeking to establish a private road, and also commanding him to appoint commissioners to lay out said road and assess damages therefor. *50Upon the filing of the petition an alternative writ was issued, and in due time respondent made return thereto. Eelators filed a motion for judgment…
2Cases cited3 opinions
- Colville v. JudySupreme Court of Missouri · 1881
- State ex rel. United Railways Co. v. WiethauptSupreme Court of Missouri · 1911
- McDermott Realty Co. v. United Railways Co.Supreme Court of Missouri · 1912
3Cited by10 opinions
- State Ex Rel. Sharp v. KnightMissouri Court of Appeals · 1930
- State Ex Rel. Case v. SeehornSupreme Court of Missouri · 1920
- In Re City of UniondaleSupreme Court of Missouri · 1920
- Richter v. RodgersSupreme Court of Missouri · 1931
- Rippeto v. ThompsonSupreme Court of Missouri · 1949
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