Legal Opinion

State ex rel. Benne v. Engleman

Supreme Court of Missouri

Decided October 15, 1869PublishedCited by 3 opinions

Petition for mandamus. That portion of the order granting an appeal containing a condition precedent thereto, is without the authority of law — is a nullity, and void. It could not excuse the plain statutory duty of the clerk, and is not, therefore, a prohibition — is no justification.

1Opinion of the CourtCurrier, Judge

This is a petition for a mandamus upon the defendant, requiring him to make out and file with the Second District Court a copy of the record of proceedings in a cause pending in the Cape Girardeau Court of Common Pleas, wherein an appeal is alleged to have been granted — or show cause for not doing so. The relator was the appellant in that suit. The defendant here was clerk of the court, and declined furnishing the required transcript; and shows, in justification of his refusal, that he was therein acting in strict conformity with the order of the court, of which he was the servant and clerk.

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2Cited by3 opinions

  1. Daniels v. MillerSupreme Court of Colorado · 1885
  2. State ex rel. Kranich v. SuppleMontana Supreme Court · 1899
  3. Mayberry v. BowkerNevada Supreme Court · 1879

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