State ex rel. Hill v. Moore
Missouri Court of Appeals
Error to the Stoddard Circuit Court.—Son. J. L. Fort, Judge. (1) Relators have no legal capacity to maintain the action, nor are they proper or necessary parties thereto. We have no statute in the state prescribing a rule of practice in cases of this sort; hence, must look for precedents to the common law authorities.
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Error to the Stoddard Circuit Court.—Son. J. L. Fort, Judge. (1) Relators have no legal capacity to maintain the action, nor are they proper or necessary parties thereto. We have no statute in the state prescribing a rule of practice in cases of this sort; hence, must look for precedents to the common law authorities. The writ of certiorari is not a writ of right, and does not issue as of course except at the instance of the government; but the application is addressed to the sound judicial discretion of the judge or court. Harris on Certiorari, sec. 2, p. 3; Railroad v. State B.…
1Opinion of the Court
BLAND, P, J.
A. D. Hill and ten other alleged citizens of Dexter, Stoddard county, Missouri, at the relation of the state presented their petition to the Dexter Circuit Court, praying that a writ of certiorari issue to the appellants, who are justices of the county court of Stoddard county, commanding them to bring up the record of their proceedings, by which John E. Bracken was granted a license to keep a dramshop in said town. The substantive allegations of the petition necessary to be stated in this opinion are: That the city of Dexter is a city of the fourth class and contained less than…
2Cases cited15 opinions
- State v. OrrickSupreme Court of Missouri · 1891
- Austin v. StateSupreme Court of Missouri · 1847
- Ward v. Board of EqualizationSupreme Court of Missouri · 1896
- State ex rel. Teasdale v. SmithSupreme Court of Missouri · 1890
- State ex rel. Campbell v. HeegeMissouri Court of Appeals · 1889
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3Cited by9 opinions
- State v. SeeboldSupreme Court of Missouri · 1906
- Barnett v. Pemiscot County CourtMissouri Court of Appeals · 1905
- Burge v. BurgeMissouri Court of Appeals · 1902
- State Ex Rel. Lane v. CorneliSupreme Court of Missouri · 1941
- State ex rel. Gumperts v. HigginsMissouri Court of Appeals · 1900
4 more not listed; retrieve them via the Exa API.