State ex rel. Porter v. Hudson
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. Thos. J. Seehofn, Judge. (1) This is an action, not in equity, but by mandamus, for the specific performance of an agreement. The board has simply agreed to locate and construct a boulevard. “It is equally elementary that mandamus will not lie for the enforcement of mere contractual obligations.”
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Appeal from Jackson Circuit Court. — Eon. Thos. J. Seehofn, Judge. (1) This is an action, not in equity, but by mandamus, for the specific performance of an agreement. The board has simply agreed to locate and construct a boulevard. “It is equally elementary that mandamus will not lie for the enforcement of mere contractual obligations.” U. S. v. Railroad, 338 Fed. 852; State ex rel. v. Howard County, 39 Mo. 375; Mansfield v. Fuller, 50 Mo. 338. “Nor has a court any authority to compel the performance of executory contracts” by mandamus. State ex rel. v. Associated Press, 159 Mo. 442. (2)…
1Opinion of the CourtLamm, J.
Mandamus. Relators below will be dubbed ‘ ‘plaintiffs; ’ ’ respondents, ‘ ‘ defendants. ’ ’ The alternative writ was made absolute below, commanding defendants as follows:
“Within a reasonable time and with reasonable expedition, as board, to cause to be graded and constructed the roadway on The Paseo extension in said city between the south line .of Twenty-seventh street and the north line of Thirty-first street, so that said roadway between said Twenty-seventh street and Twenty-ninth street shall be located adjacent to the west line of said Paseo extension and located and constructed between…
2Cases cited14 opinions
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- Richmond Railway & Electric Co. v. BrownSupreme Court of Virginia · 1899
- Sheridan v. FlemingSupreme Court of Missouri · 1887
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- State ex rel. City of New Orleans v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State Ex Rel. Phillip v. Public School Retirement SystemSupreme Court of Missouri · 1953
- State Ex Rel. Martin-Erb v. Missouri Commission on Human RightsSupreme Court of Missouri · 2002
- State Ex Rel. Kelley v. MitchellSupreme Court of Missouri · 1980
- State ex rel. Journal Printing Co. v. DreyerMissouri Court of Appeals · 1914
- School District of Kansas City v. Kansas CitySupreme Court of Missouri · 1964
23 more not listed; retrieve them via the Exa API.