State ex rel. Bank of Belton v. Wray
Missouri Court of Appeals
Error to the Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) Certiorari was relator’s proper remedy. Mining Co. v. Neptune, 19 Mo. App. 438; State ex rel. v. St. Louis Co., 47 Mo. 594; State ex rel. v. Dotvling, 50 Mo. 134; Railroad v. Board of Equalisation, 64 Mo. 294; State ex rel. v. Board of Equalisation, 108 Mo. 235. First.
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Error to the Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) Certiorari was relator’s proper remedy. Mining Co. v. Neptune, 19 Mo. App. 438; State ex rel. v. St. Louis Co., 47 Mo. 594; State ex rel. v. Dotvling, 50 Mo. 134; Railroad v. Board of Equalisation, 64 Mo. 294; State ex rel. v. Board of Equalisation, 108 Mo. 235. First. The office and nature of the writ of certiorari is to bring up the record of the inferior court, and to show such defects, as appear on the face of the record. 50 Mo. 137, supra; State ex rel. v. Bowers, 68 Mo. 323'; State ex rel. v. Moniteau Co., 45 Mo. App. •391;…
1Opinion of the CourtGill, J.
This is a case of certiorari issued by the circuit court and directed to the defendants, composing the board of equalization in Cass county, whereby they were ordered to certify up the records of such board, so that the court might determine whether or not it had acted arbitrarily and illegally in raising the personal assessment of the relator. The complaint, as made by the bank in its petition, was that the said respondents, acting as said board of equalization, had raised its assessment .as returned by the township assessor from $18,500 to $25,900 without first giving it notice, or…
2Cases cited7 opinions
- Welles v. BattelleMassachusetts Supreme Judicial Court · 1814
- Halleck v. Inhabitants of BoylstonMassachusetts Supreme Judicial Court · 1875
- Johnson v. School DistrictSupreme Court of Missouri · 1878
- Fontaine v. HudsonSupreme Court of Missouri · 1887
- Mott v. ReynoldsSupreme Court of Vermont · 1855
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3Cited by5 opinions
- State Ex Rel. Mooney v. Consolidated School District No. 3Missouri Court of Appeals · 1955
- State Ex Rel. Philipp Transit Lines, Inc. v. Public Service CommissionSupreme Court of Missouri · 1977
- State Ex Rel. Merritt v. GardnerSupreme Court of Missouri · 1941
- State Ex Rel. Mooney v. Consolidated School District No. 3Missouri Court of Appeals · 1955
- State Ex Rel. Philipp Transit Lines, Inc. v. Public Service CommissionSupreme Court of Missouri · 1977