State ex rel. Journal Printing Co. v. Dreyer
Missouri Court of Appeals
Appeal from Hannibal Court of Common Pleas.—Eon. William I. Ragland, Judge. (1) Alternative writ must require respondent to do or show cause why he has not done so. It must be in the alternative or it is no alternative writ. 26 Cyc. 447; State ex rel. v. Board of Police Comrs., 108 Mo. App. 103; 2 Missouri Practice, Bacon, sec. 1041, p. 1155-56. Alternative writ can be no broader than petition.
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Appeal from Hannibal Court of Common Pleas.—Eon. William I. Ragland, Judge. (1) Alternative writ must require respondent to do or show cause why he has not done so. It must be in the alternative or it is no alternative writ. 26 Cyc. 447; State ex rel. v. Board of Police Comrs., 108 Mo. App. 103; 2 Missouri Practice, Bacon, sec. 1041, p. 1155-56. Alternative writ can be no broader than petition. People ex rel. v. Board of Supervisors Clark County, 84 N. E. 697, 234 HI. 62; 27 Cyc. 474. Where respondent has no power to perform the command, a writ will not go. Pligh on Ex. Legal Remedies (3…
1Dissent
DISSENTING OPINION.
REYNOLDS, P. J.
I am unable to concur in the opinion of the majority of the court in this case, and dissent on two grounds.
I do not think that by mandamus we have the power to command the mayor and board of aldermen of the city of Hannibal, vested with discretion in the matter of passing upon bids for the city printing, in the exercise of that discretion, and particularly in directing them, as does the order issued by the learned trial court, to award the contract of printing to the relator, “and enter an order of record in the record and proceedings of said council, showing…
2Cases cited17 opinions
- State ex rel. Kelleher v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1896
- Anderson v. Public SchoolsSupreme Court of Missouri · 1894
- Glencoe Land & Gravel Co. v. Hudson Bros. Commission Co.Supreme Court of Missouri · 1897
- State ex rel. State Journal Co. v. McGrathSupreme Court of Missouri · 1886
- Reagan v. County CourtSupreme Court of Missouri · 1910
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