State ex rel. Galbraith v. McCutchan
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) The demurrer should have been overruled. Bell v. County Court, 61 Mo. App. 178; United States v. Windom, 19 D. C. 54; State ex rel. v. Baker, 32 Mo. App. 98; State v. Meyers, 30 Mo. 601. Mandamus will lie to compel county judges to pay warrants ordered by them.
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Appeal from Lewis Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) The demurrer should have been overruled. Bell v. County Court, 61 Mo. App. 178; United States v. Windom, 19 D. C. 54; State ex rel. v. Baker, 32 Mo. App. 98; State v. Meyers, 30 Mo. 601. Mandamus will lie to compel county judges to pay warrants ordered by them. State ex rel. v. Judges, 48 Mo. 475; Veal v. County Court, 15 Mo. 412. Nor could the county court vacate or set aside its said judgment after the term of court at which it was rendered passed. State ex rel. v. Renick, 157 Mo. 299. The writ further avers that after all…
1Opinion of the CourtGoode, J.
An alternative writ of mandamus was issued at the suit of the relators against the respondents as justices of the county court of LeAvis county, commanding respondents to make and enter of record in due form an order that a certain public road be opened and established upon the relators’ first paying to the treasurer of Lewis county the ascertained damages to William H. Prentice and the proper costs, or shoAV cause against the command of the alternative AArrit at the September term, 1905, of the circuit court of said county.
A demurrer was sustained to the alternative writ and relators having…
2Cases cited7 opinions
- Aldridge v. SpearsSupreme Court of Missouri · 1890
- Bennett v. HallSupreme Court of Missouri · 1904
- Rice v. McFarlandMissouri Court of Appeals · 1890
- Aldridge v. SpearsMissouri Court of Appeals · 1889
- Bell v. County CourtMissouri Court of Appeals · 1895
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3Cited by2 opinions
- Southern Missouri & Arkansas Railroad v. WyattSupreme Court of Missouri · 1909
- Summers v. CordellMissouri Court of Appeals · 1913