State ex rel. Carroll v. County Court
Supreme Court of Missouri
Appeal from Gape Girardeau Court of Common Pleas. Hon. S. M. Green, Special Judge. The writ ought to have been quashed, because relator had an adequate remedy at law, and it is apparent upon the face of ¡the application and writ itself. The power to audit and settle demands against a county is conferred on the county court. R. S. 1889, sec. 3422. "When the county court refuses to allow an account appeal is the remedy.
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Appeal from Gape Girardeau Court of Common Pleas. Hon. S. M. Green, Special Judge. The writ ought to have been quashed, because relator had an adequate remedy at law, and it is apparent upon the face of ¡the application and writ itself. The power to audit and settle demands against a county is conferred on the county court. R. S. 1889, sec. 3422. "When the county court refuses to allow an account appeal is the remedy. R. S. 1889, secs. 3434, 3443; Railroad v. St. Louis, 92 Mo. 160; State ex rel. ■v. Bollinger Go., 48 Mo. 475; State ex rel v. McGown, 89 Mo. 156; State v. Horner, 16 Mo. App.…
1Opinion of the CourtSherwood, P. J.
This cause originated in the-common pleas court of Cape Girardeau, the alternative writ of mandamus, which issued herein, omitting caption, being as follows:
“Be it remembered that, on the thirteenth day of December, 1889, before me, Maurice Cramer, judge of the Cape Girardeau court of common pleas, in vacation, come the state of Missouri ex rel. James Carroll and presents his petition, praying that a writ of mandamus issue against the county court of Cape Girardeau county, Missouri, and William G\ Schneider, chief justice, and James Caldwell and Elam W. Russell, associate justices of said…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. City of St. LouisSupreme Court of Missouri · 1887
- State ex rel. Bohannon v. County Court of Howard CountySupreme Court of Missouri · 1867
- State ex rel. Evans & Howard Fire Brick Co. v. LubkeSupreme Court of Missouri · 1884
- State ex rel. Patterson v. MarshallSupreme Court of Missouri · 1884
- State ex rel. Zimmerman v. Justices of Bollinger County CourtSupreme Court of Missouri · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Perkins v. BurksSupreme Court of Missouri · 1934
- State ex rel. Forgrave v. HillSupreme Court of Missouri · 1917
- State ex rel. Mary Frances Realty Co. v. HomerMissouri Court of Appeals · 1910
- State Ex Rel. Schneider v. BourkeSupreme Court of Missouri · 1935
- Sedgwick Furniture Co. v. CraigMissouri Court of Appeals · 1911
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