State ex rel. School District Number 87 v. Shuck
Supreme Court of Missouri
Appeal from Crawford Circuit Court. — Hon. L. B. Wood-side, Judge. (1) Mandamus was not the proper remedy as the relator had an adequate remedy at law, and the rule is well settled that mandamus will not lie, unless the relator shows a clear right to the relief which he seeks to enforce.
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Appeal from Crawford Circuit Court. — Hon. L. B. Wood-side, Judge. (1) Mandamus was not the proper remedy as the relator had an adequate remedy at law, and the rule is well settled that mandamus will not lie, unless the relator shows a clear right to the relief which he seeks to enforce. State ex rel. v. Buhler, 90 Mo. 570; State ex rel. v. Port, 180 Mo. 109; State ex rel. v. Thurman, 232 Mo. 164. The relator was not entitled to the remedy of mandamus till its claim was reduced to a judgment. State ex rel. v. Clay County, 46 Mo. 236; Mansfield v. Puller, 50 Mo. 340; Cloud v. Pierce City, 86…
1Opinion of the Court
RAILEY, C.
The opinion of the Springfield Court of Appeals, certifying the cause to this court, will be found reported in 184 Mo. App. 511. The case was certified here, because it became necessary to construe the revenue laws of our State, and the Court of Appeals was without jurisdiction to do so. Upon an examination of the record, we find that the statement made by Robertson, P. J., of the Court of Appeals, as to the facts and issues in the ease, is substantially correct, and is hereby adopted as our statement, to-wit:
“At the regular annual school meeting of School District Number 51 of…
2Cases cited4 opinions
- State ex rel. School District No. 117 v. School District No. 15Supreme Court of Missouri · 1886
- Joint School District No. 8 v. School District No. 5Wisconsin Supreme Court · 1896
- Rice v. McClellandSupreme Court of Missouri · 1874
- State ex rel. School District Number 87 v. ShuckMissouri Court of Appeals · 1914
3Cited by4 opinions
- Morgan Cty. Bd. of Ed. v. Ala. Public SchoolSupreme Court of Alabama · 1978
- White v. State Social Security CommissionSupreme Court of Missouri · 1940
- Howell v. Division of Employment Security in Department of Labor & Industrial RelationsSupreme Court of Missouri · 1948
- State Ex Rel. Parish v. YoungSupreme Court of Missouri · 1931