State ex rel. Hamilton v. Everett
Supreme Court of Missouri
Appeal from Clay Circuit Court. cited : Stephens on Pleading, p. 132, Ed. 1841, and rules in regard to Certainty ; Chitty Pl. p. 233, Ed. 1859 ; Story’s Equity Pleading, sec. 23 ; 7 Cowen, 51 ; 17 Mass., p. 237 ; 16 Mo., 168 ; 4 T. R., 490 ; 1 Greenleaf, § 528. In consequence of the absence of dates, names, numbers and description of the fee-bills alluded to in the petition and writ,-a return to the writ is an impossibility.
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Appeal from Clay Circuit Court. cited : Stephens on Pleading, p. 132, Ed. 1841, and rules in regard to Certainty ; Chitty Pl. p. 233, Ed. 1859 ; Story’s Equity Pleading, sec. 23 ; 7 Cowen, 51 ; 17 Mass., p. 237 ; 16 Mo., 168 ; 4 T. R., 490 ; 1 Greenleaf, § 528. In consequence of the absence of dates, names, numbers and description of the fee-bills alluded to in the petition and writ,-a return to the writ is an impossibility. Thomas’ Coke, 1st vol., p. 9. There is no such pleading under the present practice as a demurrer to the petition or to the alternative writ of man-damns, but the issues…
1Opinion of the CourtTories, Judge
This was a petition for a mandamus filed by the said Edward G. Hamilton the relator in the name of the State against the respondents.
The petition states that the relator is the clerk of the Circuit Court of Clay County and was such clerk at the time of the rendition of the services in the petition named and set forth in the fee-bill filed ; and that O. T. Moss was then the sheriff of said County and John G. Woods was the Circuit Attorney. That at the September term of said Circuit Court A. I). 1871 a large number of indictments were returned by the grand jury to said Court against Charles J.…
2Cases cited4 opinions
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- State ex rel. Hopkins v. Justices of Buchanan County CourtSupreme Court of Missouri · 1867
- Ensworth v. AlbinSupreme Court of Missouri · 1870
- State ex rel. Adamson v. County CourtSupreme Court of Missouri · 1867
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- State ex rel. Hathaway v. State Board of HealthSupreme Court of Missouri · 1890
- State ex rel. Fowler v. FinleySupreme Court of Florida · 1892
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