State ex rel. Norman v. Smith
Supreme Court of Missouri
Petition for mandamus. I. The County'Court, after removing its sittings to the seat of justice, has no discretion that will permit it to hold elsewhere its sittings. II. The town may be enlarged by additions without affecting the seat of justice. “ The place selected by the commissioners ” (Wagn. Stat. 396, § 8) “ shall be the permanent seat of justice.”
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Petition for mandamus. I. The County'Court, after removing its sittings to the seat of justice, has no discretion that will permit it to hold elsewhere its sittings. II. The town may be enlarged by additions without affecting the seat of justice. “ The place selected by the commissioners ” (Wagn. Stat. 396, § 8) “ shall be the permanent seat of justice.” How can the place selected be called the permanent seat of justice if it may be changed, as contended here, by the addition of a few lots to the town covering the seat of justice ? What pretense is there for saying that railroad addition is…
1Opinion of the CourtWagneu, Judge
This is an application for a writ of mandamus to compel the justices of the County Court of Laclede county to hold their sittings in the town of Lebanon, the original seat of justice for said county. The petition filed in the first instance conjoined the judge of the Circuit Court holding his court in that county, and also demanded that the County Court should he ordered to proceed to erect certain buildings, etc.; but that was subsequently withdrawn, leaving the proceedings solely against the County Court, as above stated.
It is wholly unnecessary, for the purposes of determining this case,…
2Cited by7 opinions
- State ex rel. Powell v. ShockleeSupreme Court of Missouri · 1911
- Marengo County v. MatkinSupreme Court of Alabama · 1901
- Way v. FoxSupreme Court of Iowa · 1899
- Babcock v. HahnSupreme Court of Missouri · 1903
- State ex rel. Bradford v. HarwiSupreme Court of Kansas · 1887
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