State ex rel. Schmutzler v. Young
Supreme Court of Missouri
Error to Cole Circuit Cotort. — IIon. E. L. Edwaeds,, Judge. (1) It is admitted that the usual function of a writ of mandamus is to compel an inferior court or officer to act when he has refused to discharge his duty. State ex rel. Adamson n. Lafayette county, 41 Mo. 221. This is not the only function of the writ.
Read the full summary
Error to Cole Circuit Cotort. — IIon. E. L. Edwaeds,, Judge. (1) It is admitted that the usual function of a writ of mandamus is to compel an inferior court or officer to act when he has refused to discharge his duty. State ex rel. Adamson n. Lafayette county, 41 Mo. 221. This is not the only function of the writ. In the language of Mr. High, it lies to determine the jurisdiction of an inferior court or officer, and to correct any error growing out of a mistake as to jurisdiction. High on Extra. Legal Rem., § 69, and note. It also issues when the officer has acted or refused to act without…
1Opinion of the Court
Martin, C.
This is a petition for the writ of mandamus, in the name of the state, at the relation of Schmutzler, Sanning, and Lauf, directors of a certain school district in Cole county, against Robert E. Young, county commissioner of schools, in which the circuit court is asked to issue its writ of mandamus requiring *93said commissioner to vacate a certain, order or decision made by Mm, and to dismiss the matter before him in which his decision was made, for want of jurisdiction to hear and determine the same. On the petition an alternative writ was issued, which on motion of defendant was…
2Cases cited5 opinions
- Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
- Snoddy v. County of PettisSupreme Court of Missouri · 1870
- State v. EvansSupreme Court of Missouri · 1884
- State ex rel. School District v. ByersSupreme Court of Missouri · 1878
- County Court of Callaway County v. Inhabitants of Round Prairie TownshipSupreme Court of Missouri · 1847
3Cited by12 opinions
- State v. SearcyMissouri Court of Appeals · 1890
- Leonard v. SparksSupreme Court of Missouri · 1893
- State ex rel. Klotz v. RossSupreme Court of Missouri · 1893
- Bramley v. MillerNew York Court of Appeals · 1936
- State Ex Rel. Fry v. LeeSupreme Court of Missouri · 1926
7 more not listed; retrieve them via the Exa API.