Legal Opinion

State ex rel. Wirt v. County Court

Missouri Court of Appeals

Decided May 31, 1909PublishedCited by 7 opinions

Original Proceedings by Mandamus. ’(1) On tbe record presented to this court by tbe pleadings, mandamus is tbe only speedy, appropriate, and adequate remedy, to settle the questions of law involved in this action. State ex rel. v. Turner, 210 Mo. 85; State ex rel. v. Meyers, 80 Mo. 601; Bean v. Barton County, 33 Mo. App. 636; Scarritt v. Jackson County, 89 Mo. App. 585; State ex rel. v. McCammon, 111 Mo. App. 630-633; State ex reí. v. Russell, 131 Mo.

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Original Proceedings by Mandamus. ’(1) On tbe record presented to this court by tbe pleadings, mandamus is tbe only speedy, appropriate, and adequate remedy, to settle the questions of law involved in this action. State ex rel. v. Turner, 210 Mo. 85; State ex rel. v. Meyers, 80 Mo. 601; Bean v. Barton County, 33 Mo. App. 636; Scarritt v. Jackson County, 89 Mo. App. 585; State ex rel. v. McCammon, 111 Mo. App. 630-633; State ex reí. v. Russell, 131 Mo. App. 638; State ex rel. v. Mitchell, not yet reported. (See printed opinion of Judge Goode on file in this court in case of T. N. Haynes et al.…

1Opinion of the CourtEllison, J.

— -This is an original application in this court for a writ of mandamus against the county court of Cass county requiring it to issue to relator a license to keep a dramshop in Harrisonville, a town in Cass county, which the court has refused to grant. It is conceded by the pleadings that the relator is a proper party to receive a license and that every requirement has been met as a prerequisite to a license and that a license should issue to him unless the county court is prevented from so doing by an election held in Cass county just prior to relator’s application, which resulted in the…

2Cases cited17 opinions

  1. State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
  2. Lingo v. BurfordSupreme Court of Missouri · 1892
  3. Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
  4. State v. EvansSupreme Court of Missouri · 1884
  5. Jeffries v. WrightSupreme Court of Missouri · 1873

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3Cited by7 opinions

  1. State Ex Rel. Kopper Kettle Restaurants, Inc. v. City of St. RobertMissouri Court of Appeals · 1968
  2. State v. JaegerSupreme Court of Missouri · 1912
  3. State v. EdwardsMissouri Court of Appeals · 1916
  4. State Ex Rel. Clinkscales v. ScottMissouri Court of Appeals · 1924
  5. State v. JaegerMissouri Court of Appeals · 1911

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