State ex rel. Heman v. Flad
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. (1) The legislature undoubtedly has the right to say that relief can be had by mandamus in a given case, although such right did not exist before the passage of the act. Such are inherent legislative powers, and their exercise is not forbidden by the coustitution. The legislature has seen fit to declare that respondents can be compelled by mandamus to pass on a certain class of claims in a certain manner.
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Appeal from, St. Louis City Circuit Court. (1) The legislature undoubtedly has the right to say that relief can be had by mandamus in a given case, although such right did not exist before the passage of the act. Such are inherent legislative powers, and their exercise is not forbidden by the coustitution. The legislature has seen fit to declare that respondents can be compelled by mandamus to pass on a certain class of claims in a certain manner. State v. JacJcson, 105 Mo. 196. (2) Independent of legislative enactment mandamus is the proper remedy. Bean v. County Court, 33 Mo. 644 ; Sheridan…
1Opinion of the CourtBrace, J.
This is an appeal from the judgment of the St. Louis circuit court sustaining a demurrer to the alternative writ of mandamus issued herein, and refusing the peremptory writ prayed for. The defendants are the board of public improvements of the city of St. Louis.
*617It appears from the alternative writ that by ordinance 13,237, approved March 21, 1885, the Brooklyn street sewer district number 1 was established, and by ordinance 13,238 the board of public improvements was directed to cause district sewers to be constructed therein; that on the twenty-fourth of April, 1885, relator entered into a…
2Cases cited7 opinions
- State ex rel. Granville v. GregorySupreme Court of Missouri · 1884
- State ex rel. Phelan v. EngelmannSupreme Court of Missouri · 1885
- State ex rel. Spickerman v. AllenSupreme Court of Missouri · 1887
- State ex rel. Betts v. MegownSupreme Court of Missouri · 1886
- Trainer v. PorterSupreme Court of Missouri · 1870
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3Cited by4 opinions
- State ex rel. Gumperts v. HigginsMissouri Court of Appeals · 1900
- State ex rel. Heller v. ThornhillMissouri Court of Appeals · 1913
- State ex rel. Holton v. WalkerMissouri Court of Appeals · 1900
- Frank v. City of St. LouisSupreme Court of Missouri · 1898