State ex rel. Smith v. County Court
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. Geo. W. Dunn, Judge. Respondent’s remedy was by appeal, R. S., secs. 1216, 1217, and not by mandamus. Williams x. Judge of Cooper Court of Common Pleas, 27 Mo. 225; Blecker v. St. Louis Law Com’r, 30 Mo. Ill. And the court .having passed judicially on the account cannot be-required to render a further or different judgment. State ex rel.
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Appeal from Platte Circuit Court. — Hon. Geo. W. Dunn, Judge. Respondent’s remedy was by appeal, R. S., secs. 1216, 1217, and not by mandamus. Williams x. Judge of Cooper Court of Common Pleas, 27 Mo. 225; Blecker v. St. Louis Law Com’r, 30 Mo. Ill. And the court .having passed judicially on the account cannot be-required to render a further or different judgment. State ex rel. Watkins v. Macon County court, 68 Mo. 48; State ex rel. v. Lafayette Co., 41 Mo. 224; Miltenberger v. St. Louis County Court, 50 Mo. 172; State ex rel. School Dist. v. Byers, 67 Mo. 706 ; State ex rel. Adamson v.…
1Opinion of the CourtNorton, J.
This is a proceeding by mandamus on-the part of the state at the relation of C. A. Smith, the-object of which is to compel the county court of Platte-county to allow the account of relator for costs and expenses in holding an inquest over a dead body. The-trial court awarded a peremptory writ as prayed for, from which defendant has appealed to this court, and the-*540question which the appeal presents is whether under ■existing statutes, the county court in allowing such accounts acts ministerially or judicially, and whether in the event of disallowance mandamus will lie.
It appears from the…
2Cases cited2 opinions
- Boisliniere v. Board of County CommissionersSupreme Court of Missouri · 1862
- State ex rel. Patterson v. MarshallSupreme Court of Missouri · 1884
3Cited by5 opinions
- State ex rel. Howser v. OliverSupreme Court of Missouri · 1893
- Rankin v. FletcherSupreme Court of Arkansas · 1907
- State Ex Rel. Gehner v. ThompsonSupreme Court of Missouri · 1927
- State ex rel. Jacobi v. HeegeMissouri Court of Appeals · 1890
- State ex rel. Lashly v. WurdemanMissouri Court of Appeals · 1914