State ex rel. Stephens v. Moore
Missouri Court of Appeals
Original Proceeding by Mandamus. (1) Mandamus will lie to compel a county clerk to discharge his general duties as clerk, as they arise, pending contest between rival county commissioners. In re Delgado, 140 U. S. 586; Dutton v. State, 42 Neb. 804; Ottawa v. People, 48 111. 233. (2) Respondent’s duty to record the licenses is .fixed and unvarying, hence, mandamus is appropriate.
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Original Proceeding by Mandamus. (1) Mandamus will lie to compel a county clerk to discharge his general duties as clerk, as they arise, pending contest between rival county commissioners. In re Delgado, 140 U. S. 586; Dutton v. State, 42 Neb. 804; Ottawa v. People, 48 111. 233. (2) Respondent’s duty to record the licenses is .fixed and unvarying, hence, mandamus is appropriate. Potioni Place v. Railway, 51 Kansas 609. (3) Where the object of the writ is to enforce a public duty not due to the government, as such, any private person may move to enforce it, and no previous demand is necessary.…
1Opinion of the CourtSmith, P. J.
The respondent is the clerk of *433the circuit court and ex-officio recorder within and for Cole county.
This is a mandamus proceeding, the object and purpose of which is to compel the respondent in his capacity as ex-officio recorder of said county to record in a well-bound book kept by him in his office for that purpose, each and all marriage licenses when the same are issued by him. The issue made by the pleadings in the case is whether or not the statute enjoins upon the respondent, as recorder the duty to record all marriage licenses in a well-bound book when issued by him.
In endeavoring to…
2Cases cited1 opinion
- State ex rel. McCurdy v. SloverSupreme Court of Missouri · 1895
3Cited by1 opinion
- Worthy v. KingCourt of Appeals of Texas · 1952