State ex rel. Thomas v. Hoblitzelle
Supreme Court of Missouri
Appeal from the Circuit Court of St. Louis City.—Hon. A. M. Thayer, Judge. (1) The jurisdiction of the courts to control by mandamus the action of a public officer is limited to cases •where the officer refuses to perform a specific act, the performance of which is enjoined on him by the law governing his office.
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Appeal from the Circuit Court of St. Louis City.—Hon. A. M. Thayer, Judge. (1) The jurisdiction of the courts to control by mandamus the action of a public officer is limited to cases •where the officer refuses to perform a specific act, the performance of which is enjoined on him by the law governing his office. If the matter is one resting in the discretion of the officer, or if there is no provision of law directing the execution of the particular act, the writ must be refused. State, etc., v. County Court, 41 Mo. 221; State, etc., v. Caresche, 65 Mo. 480. (2) Under the terms of the act of…
1Opinion of the CourtNorton, J.
This case is before us on the appeal of defendant from the judgment of the circuit court of the city of St. Louis, awarding a peremptory writ of mandamus directing defendant to allow relator to inspect the registration lists, poll books, and lists used at an election held in said city on the seventh day of April, 1885, and on file in the office of the defendant as recorder of voters. At said election, relator was a candidate for the office of city marshal, and one Martin Neiser was also a candidate for the same office and received a certificate of election.
Relator in substance avers that he…
2Cited by9 opinions
- Clement v. GrahamSupreme Court of Vermont · 1906
- State ex rel. Wear v. FrancisSupreme Court of Missouri · 1888
- State ex rel. Kelleher v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1896
- State ex rel. Conran v. WilliamsSupreme Court of Missouri · 1888
- State ex rel. Funkhouser v. SpencerSupreme Court of Missouri · 1901
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