Phelps County v. Bishop
Supreme Court of Missouri
Certiorari to the County Court. An appeal from the judgment of the County Court does not lie. (Gen. Stat. 1865, pp. 230-SI, § 86; R. C. 1855, p. 528, § 9; Whitehead v. Stoddard County, 29 Mo. 188.) The only remedy is the writ of certiorari. (Const. Mo., art. 6, § 3; Thomas v. Mead et al., 36 Mo. 233, 246-50; State ex rel.
Read the full summary
Certiorari to the County Court. An appeal from the judgment of the County Court does not lie. (Gen. Stat. 1865, pp. 230-SI, § 86; R. C. 1855, p. 528, § 9; Whitehead v. Stoddard County, 29 Mo. 188.) The only remedy is the writ of certiorari. (Const. Mo., art. 6, § 3; Thomas v. Mead et al., 36 Mo. 233, 246-50; State ex rel. Thompson v. Saline County Court, 45 Mo. 52.) This writ may be awarded to all inferior tribunals and jurisdictions wherever it is shown either that they have exceeded the limits of their jurisdiction, or in cases where they have proceeded illegally, and no appeal is allowed,…
1Opinion of the CourtBniss, Judge
From the petition and return to the writ of certiorari it appears that the defendant, Bishop, presented a claim to the County Court for compensation for certain lands that he claim 8 should have been conveyed to him in arranging the location of the county seat. The matter was prosecuted precisely as though the county had been sued in the Circuit Court, except, inasmuch as the County Court itself represented the county, there was no service of process. But there was a petition, answer, motion to strike out an insufficient allegation, and a regular judgment. With the return of the writ and…
2Cases cited2 opinions
- In re the Saline County Subscription, ThompsonSupreme Court of Missouri · 1869
- County of Marion v. PhillipsSupreme Court of Missouri · 1869
3Cited by7 opinions
- State ex rel. West v. DiemerSupreme Court of Missouri · 1914
- City of Indianapolis v. HawkinsIndiana Supreme Court · 1913
- State ex rel. Bentley v. ReynoldsSupreme Court of Missouri · 1905
- Reppy v. Jefferson CountySupreme Court of Missouri · 1870
- State ex rel. Forgrave v. HillSupreme Court of Missouri · 1917
2 more not listed; retrieve them via the Exa API.