Garnett v. Stacy
Supreme Court of Missouri
Error to Marion Circuit Court. It is the province of superior courts to compel inferior tribunals, by mandamus, to perform ministerial acts. 10 Pick. 246. 3 Dallas, 42. 18 Pick. 446. By our constitution, circuit courts have a superintending control over justices of the peace. The petitioner does not ask that the justice'be compelled to do a judicial act, but simply that he shall be made to enter on his docket a true statement of the judgment rendered by him as a justice.
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Error to Marion Circuit Court. It is the province of superior courts to compel inferior tribunals, by mandamus, to perform ministerial acts. 10 Pick. 246. 3 Dallas, 42. 18 Pick. 446. By our constitution, circuit courts have a superintending control over justices of the peace. The petitioner does not ask that the justice'be compelled to do a judicial act, but simply that he shall be made to enter on his docket a true statement of the judgment rendered by him as a justice. He is clerk of his own, court, and may be compelled to correct a clerical error. The'petitioner, has no other remedy. He…
1Opinion of the CourtSoott, Judge
Garnett commenced an action against John O. Aydelott, before the above named Stacy, who was a justice of the peace in Miller township, Marion county. It appears from the justice’s docket, that, on a trial between Garnett and Aydelott, the following entry was made: “Both parties appeared, and after hearing the testimony on behalf of the plaintiff, as well as the defendant, judgment for defendant for costs of suit expended.” This was in November, 1848. On the 14th of November, 1851, Garnett applied to the Circuit Court of Marion county, for a mandamus on the justice to compel him to amend his…
2Cited by4 opinions
- Carter v. Louisiana Purchase Exposition Co.Missouri Court of Appeals · 1907
- Crandall v. DurhamSupreme Court of Missouri · 1941
- State v. HobbsMissouri Court of Appeals · 1925
- State ex rel. Gardiner v. WurdemanMissouri Court of Appeals · 1915