State ex rel. Curts v. Thomas
Supreme Court of Missouri
Error to Carroll Circuit Court. — No». John P. Butler, Judge. (1) Relators’ petition for alternative writ of mandamus is fatally defective. It does not state a cause of action. It does not state facts sufficient to entitle re-lators to the relief prayed for.
Read the full summary
Error to Carroll Circuit Court. — No». John P. Butler, Judge. (1) Relators’ petition for alternative writ of mandamus is fatally defective. It does not state a cause of action. It does not state facts sufficient to entitle re-lators to the relief prayed for. (a) Said petition fails to allege that relators, at the time of making the application to the county court for the appropriation, in any way made it known or brought to the knowledge of the county court that one moiety equal to one-half the cost of the bridge had been raised by subscription by the citizens of Carroll and Chariton…
1Opinion of the CourtBrace, J.
This is a proceeding by mandamus in the circuit court of Carroll county, brought here by writ of error. The petition, omitting caption and signatures, is as follows: '
“Your relators respectfully represent that they are taxpaying citizens of Carroll and Chariton counties, in the State of Missouri; that the said counties of Chariton and Carroll are separated by a watercourse known as Grand river; that there is a great necessity for a public wagon bridge across said watercourse, known as Grand river, dividing said counties of Carroll and Chariton as aforesaid, at or near Brunswick, Missouri, for…
2Cases cited1 opinion
- State ex rel. Bartle v. ColemanMissouri Court of Appeals · 1889
3Cited by2 opinions
- State ex rel. McMillan v. WoodsideSupreme Court of Missouri · 1914
- Hoskins v. Shelby CountySupreme Court of Missouri · 1976