State ex rel. Bartley v. Fletcher
Supreme Court of Missouri
Petition for Mandamus. I. This court has full power and authority to compel the Governor to do a mere ministerial act — State ex rel. White-man et al. v. Governor, 5 Ohio, 534; Bonner v. State ex rel.
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Petition for Mandamus. I. This court has full power and authority to compel the Governor to do a mere ministerial act — State ex rel. White-man et al. v. Governor, 5 Ohio, 534; Bonner v. State ex rel. Pitts., 7 Ga. 473; Pacific R.R. v. Governor, 23 Mo. 353; Marbury v. Madison, 1 Cranch, 49; Cotton v. Ellis, 7 Jones (N. C.) 545. It is admitted that this court has no power to compel the executive to do a political act; but one purely ministerial is subject to the control of this court. It is not the grade of the officer sought to be controlled by the court, but the relief sought, or, more…
1Opinion of the CourtWagner, Judge
A mandamus is prayed for against the Governor of this State to compel him to issue a commission to the relator as one of the justices of the County Court within and for the county of Callaway. The petitioner avers that the relator was, at the general election held under and by virtue of the provisions of the Constitution and laws of this State, on the Tuesday next after the first Monday in November, A. D. 1866, elected one of the justices of the County Court within and for Callaway county; that on the 9th day of the said month of November,-he and the other persons elected cast lots for the…
2Cases cited8 opinions
- Houston Tap & Brazoria Railway Co. v. RandolphTexas Supreme Court · 1859
- Pacific Railroad v. GovernorSupreme Court of Missouri · 1856
- Gulick v. NewIndiana Supreme Court · 1860
- State ex rel. Low v. TownsSupreme Court of Georgia · 1850
- DennettSupreme Judicial Court of Maine · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Slack v. JacobWest Virginia Supreme Court · 1875
- State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
- State ex inf. Barker v. Kansas City Gas Co.Supreme Court of Missouri · 1914
- State ex rel. Cranmer v. ThorsonSouth Dakota Supreme Court · 1896
- Martin v. InghamSupreme Court of Kansas · 1888
21 more not listed; retrieve them via the Exa API.