State ex rel. School District Number One v. Andrae
Supreme Court of Missouri
Error to St. Louis County Circuit Court. — Hon. Jno. W. McEVhinney, Judge. (1) The statutes in question in this case from the first enactment are as follows: Laws 1874, p: 151; R. S. 1879, sec. 7023; Laws 1887, p. 259; R. S. 1889, see. 7972; R. S. 1899', sec. 9742. (2) Certiorari is a direct attack and will reacli defects which could not be reached in any collateral proceeding. State v. County Court, 66 Mo. App: 1001; State v. Neosho', 57 Mo.
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Error to St. Louis County Circuit Court. — Hon. Jno. W. McEVhinney, Judge. (1) The statutes in question in this case from the first enactment are as follows: Laws 1874, p: 151; R. S. 1879, sec. 7023; Laws 1887, p. 259; R. S. 1889, see. 7972; R. S. 1899', sec. 9742. (2) Certiorari is a direct attack and will reacli defects which could not be reached in any collateral proceeding. State v. County Court, 66 Mo. App: 1001; State v. Neosho', 57 Mo. App. 198; Railroad v. Young, 96 Mo. 43. (3) And the writ brings up only the record of the inferior tribunal and reaches the defects and irregularities…
1Opinion of the CourtGraves, J.
At the school meeting in April in the year 1905, an attempt (whether successful or unsuccessful remains to be determined) was made to change the boundary line between two adjoining school districts in St. Louis county. The relator is one of said two, and School District Number Pour in Township 45 North, Range 3 East, is the other. After the school election, one district having voted for said change of boundary and the other against it, the matter was taken before J. Will Andrae, the then Superintendent of Public Schools of said county for determination. He is one of the defendants in error…
2Cases cited8 opinions
- Tanner v. Lindell Railway Co.Supreme Court of Missouri · 1904
- State ex rel. Rose v. JobSupreme Court of Missouri · 1907
- State v. HathawaySupreme Court of Missouri · 1893
- State v. SansoneSupreme Court of Missouri · 1893
- Kerr v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Batty v. Arizona State Dental BoardArizona Supreme Court · 1941
- State v. DoughertySupreme Court of Missouri · 1949
- State ex rel. McEntee v. BrightSupreme Court of Missouri · 1909
- State Ex Rel. Phillips v. BartonSupreme Court of Missouri · 1923
- Gilbert v. MalanMissouri Court of Appeals · 1937
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