State ex rel. Patterson v. Marshall
Supreme Court of Missouri
.Appeal from Mississippi Circuit Court. — Hon. J. D. Foster, Judge. (1) The writ of mandamus did not lie in this case, be■eause it was an ordinary claim for which no judgment had been rendered and for which if petitioner had a right, he had other legal and adequate remedies. "When the county ■court refused to pay, an appeal was the proper remedy.
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.Appeal from Mississippi Circuit Court. — Hon. J. D. Foster, Judge. (1) The writ of mandamus did not lie in this case, be■eause it was an ordinary claim for which no judgment had been rendered and for which if petitioner had a right, he had other legal and adequate remedies. "When the county ■court refused to pay, an appeal was the proper remedy. R. S. §§ 1210, 1216; Mansfield v. Fuller, 50 Mo. 838; Ward v. County Court, 50 Mo. 401. (2) A county court cannot be ■compelled by mandamus to make an order which involves, .and can only be the result of judicial discretion. Strahan v. Audrain County…
1Opinion of the Court
Ewing, C.
The plaintiff as coroner of Mississippi county, filed his petition for a mandamus to compel the defendants as j ustices of the county court of Mississippi countyr to “ audit and allow the statement of fees ” certified to them, by the said coroner.
The petition alleges that on November 7th, 1881, the body of an unknown dead man was found in his county. He issued his warrants. A jury was summoned, and an inquest held. A verdict returned and the fees and expenses certified to the county court. That there being no relative or friend of the deceased, nor any person willing to bury the.…
2Cases cited3 opinions
- Boisliniere v. Board of County CommissionersSupreme Court of Missouri · 1862
- Mansfield v. FullerSupreme Court of Missouri · 1872
- Strahan v. County CourtSupreme Court of Missouri · 1877
3Cited by12 opinions
- Perkins v. BurksSupreme Court of Missouri · 1934
- State ex rel. Forgrave v. HillSupreme Court of Missouri · 1917
- State ex rel. Carroll v. County CourtSupreme Court of Missouri · 1891
- Rankin v. FletcherSupreme Court of Arkansas · 1907
- State ex rel. Smith v. County CourtSupreme Court of Missouri · 1884
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