State ex rel. Hudson v. Trammel
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The undisputed averments of tlie return showed that the treasurer himself, together with the funds in the treasury, which the relator was seeking to have applied to his warrant, were before the federal court, which, at the time of relator’s petition, had acquired jurisdiction of the officer and his funds.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The undisputed averments of tlie return showed that the treasurer himself, together with the funds in the treasury, which the relator was seeking to have applied to his warrant, were before the federal court, which, at the time of relator’s petition, had acquired jurisdiction of the officer and his funds. Therefore, the state court acquired no jurisdiction, and appellant’s motion to dismiss should have been sustained. Smith v. McLver, 9 Wheaton, 532; Taylor v. Carryl, 20 Howard, 583 ; Freeman v. Howe, 24 Howard, 450 ; Wallace…
1Opinion of the CourtBlack, J.
This whs a petition in the circuit court for a mandamus against the defendant Trammel, who is treasurer of Macon county, to compel him to pay a warrant for $10 held by Hudson, the relator. Trammel appealed from a judgment awarding a peremptory writ. This proceeding was commenced in April, 1886, and determined in May of same year.
It is admitted that the relator presented his warrant for payment to the respondent treasurer, in'April, 1886, which payment was refused, and that it was properly drawn upon the “contingent fund.” There was then sufficient funds in the treasury to the credit of that…
Also in this document: Dissent.
2Cases cited7 opinions
- United States v. County of ClarkSupreme Court of the United States · 1877
- Louis v. Brown TownshipSupreme Court of the United States · 1883
- Terhune v. PhillipsSupreme Court of the United States · 1879
- State ex rel. Watkins v. Macon County CourtSupreme Court of Missouri · 1878
- State ex rel. Aull v. ShortridgeSupreme Court of Missouri · 1874
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3Cited by6 opinions
- State ex rel. Exchange Bank v. AllisonSupreme Court of Missouri · 1900
- State Ex Rel. Thompson v. JonesSupreme Court of Missouri · 1931
- Strother v. Kansas CitySupreme Court of Missouri · 1920
- State ex rel. Caulfield v. BroaddusSupreme Court of Missouri · 1911
- State Ex Rel. Strait v. BrooksMissouri Court of Appeals · 1927
1 more not listed; retrieve them via the Exa API.