State ex rel. Carrollton School District v. Gordon
Supreme Court of Missouri
Mandamus. •Writ absolute. (1) Tlie case of State ex rel. Memphis v. Gordon, 223 Mo. 1, is decisive of the question that the above proposition is not a double, but is a single one. The Attorney-General and his assistants .recognize this and for that reason and that alone, ask this court to reverse itself and .overrule that decision.
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Mandamus. •Writ absolute. (1) Tlie case of State ex rel. Memphis v. Gordon, 223 Mo. 1, is decisive of the question that the above proposition is not a double, but is a single one. The Attorney-General and his assistants .recognize this and for that reason and that alone, ask this court to reverse itself and .overrule that decision. While we do not agree with the views of the Attorney-General and his assistants to the effect that the Memphis case abrogates the rule against doubleness in propositions where the facts of each particular case justify its proper application, their brief shows that…
1Opinion of the CourtLamm, J.
The State Auditor refuses to register and'vise certain school bonds of the Carrollton School District. Relator sues by mandamus to compel him to do so.
Waiving an alternative writ, the State Auditor, through our learned Attorney-General, enters his voluntary appearance, and, carrying all his eggs in one basket, rests the case on a demurrer to the petition. In strict practice, issues of fact or law are framed on the narrations of the alternative writ in mandamus and a return raising questions of law or fact. But since the alternative writ follows the petition, the waiving of such writ is {ex…
2Cases cited4 opinions
- State ex rel. Rose v. JobSupreme Court of Missouri · 1907
- McMillan v. Lee CountySupreme Court of Iowa · 1856
- State ex rel. School District v. GordonSupreme Court of Missouri · 1909
- State ex rel. City of Joplin v. WilderSupreme Court of Missouri · 1909
3Cited by22 opinions
- In Re Proceedings Against Richards for DisbarmentSupreme Court of Missouri · 1933
- Cochran v. WilsonSupreme Court of Missouri · 1921
- Kansas City v. School Dist. of Kansas CitySupreme Court of Missouri · 1947
- School District of Oakland v. School District of JoplinSupreme Court of Missouri · 1937
- State on Information of McKittrick v. WhittleSupreme Court of Missouri · 1933
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