State ex rel. Cooper County v. Trent
Supreme Court of Missouri
appeal from Cooper Circuit Court. I. Mandamus will not lie against a mere private person, not ■exercising or claiming to exercise the functions of some office or trust in which the public is interested. (Dunklin Co. vs. District 'Ct., 23 Mo., 449; Hussey vs. Holland, 5 Kan., 462 ; High Extra Leg. Bern., § 1 et seq., and § 78 ; People vs-. Stephens, 5 Hill, 616 ;’ State vs. Scofield, 41 Mo., 88.) I. Mandamus was proper. (Mos.
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appeal from Cooper Circuit Court. I. Mandamus will not lie against a mere private person, not ■exercising or claiming to exercise the functions of some office or trust in which the public is interested. (Dunklin Co. vs. District 'Ct., 23 Mo., 449; Hussey vs. Holland, 5 Kan., 462 ; High Extra Leg. Bern., § 1 et seq., and § 78 ; People vs-. Stephens, 5 Hill, 616 ;’ State vs. Scofield, 41 Mo., 88.) I. Mandamus was proper. (Mos. Mand., 153; St. Luke’s Church, etc., vs. Slack, 7 Cush., 226; Dunklin County vs. District Court, 23 Mo., 449.)
1Opinion of the CourtSherwood, Judge
The only question worthy of consideration in this case, is whether a writ of mandamus lies against one, who, having been employed by the County Court to make a survey of all .the public roads of the county, and to plat them in a suitable book, does so, and after receiving .the contract price for his services, regains possession*of the book and refuses to deliver the same.
The Circuit Court awarded a peremptory writ for the de-. livery of the book, and this ruling, together with all the intermediate steps, which led the way to such result, are assigned for error. As indicated at the outset,…
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