State ex rel. Forgrave v. Hill
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) The relator had the right to appeal from the said final judgment of the county court to the circuit court. Secs. 4096, 4091 and 3956, E. S. 1909. (2) Where the right of appeal exists mandamus does not lie.
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Appeal from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) The relator had the right to appeal from the said final judgment of the county court to the circuit court. Secs. 4096, 4091 and 3956, E. S. 1909. (2) Where the right of appeal exists mandamus does not lie. State ex rel. v. Macon County Court, 68 Mo. 48; State ex rel. v. Marshall, 82 Mo. 488; State ex rel. v. County Court, 83 Mo. 539; State ex rel. v. Megoun, 89 Mo. 157. Where any other adequate remedy exists, mandamus does not lie. (3) Relato^ had the right to sue the county. Givens' v. Daviess County, 107 Mo. 607. (1)…
1Opinion of the Court
ROY, C.
This is a proceeding by mandamus in . which plaintiff had judgment, and defendants have appealed.
The relator is one of the justices of the peace of Washington Township, Buchanan County, and the defendants are the judges of the county court of that county.
The Legislature passed an'act entitled, “An Act entitled justice- of the peace in townships containing seventy-five thousand inhabitants and not over one hundred and fifty thousand inhabitants,” which was approved March 23, 1915, and is found in Laws 1915, at page 324. Section one of that act provides for four justices of the peace in…
2Cases cited13 opinions
- State ex rel. Wiles v. WilliamsSupreme Court of Missouri · 1910
- State ex rel. West v. DiemerSupreme Court of Missouri · 1914
- County of Marion v. PhillipsSupreme Court of Missouri · 1869
- State ex rel. North & South Railway Co. v. MeierSupreme Court of Missouri · 1898
- State ex rel. Pittman v. AdamsSupreme Court of Missouri · 1869
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Perkins v. BurksSupreme Court of Missouri · 1934
- State Ex Rel. Dietrich v. DauesSupreme Court of Missouri · 1926
- State Ex Rel. Dolman v. DickeySupreme Court of Missouri · 1920
- Forgrave v. Buchanan CountySupreme Court of Missouri · 1920
- State Ex Rel. Mitchell v. Rose.Supreme Court of Missouri · 1926
5 more not listed; retrieve them via the Exa API.