State ex rel. Adamson v. Lafayette County Court
Supreme Court of Missouri
Petition for Mandamus. I. This court is the general guardian of public rights, and, in exercise of its authority to grant the writ, will render it, as far as it can, the suppletory means of substantial justice in every case where there is no other specific legal remedy for a legal right.
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Petition for Mandamus. I. This court is the general guardian of public rights, and, in exercise of its authority to grant the writ, will render it, as far as it can, the suppletory means of substantial justice in every case where there is no other specific legal remedy for a legal right. The right of the court to apply this means for the attainment of such end, and to prevent that defect of legal justice which might otherwise ensue, has been generally admitted — Tapp, on Mand. 9 et seq., and authorities there cited; R.R. Co. v. Comm’rs Clinton Co., 1 Ohio, 77. In this case there is no…
1Opinion of the CourtWagner, Judge
This case comes before us on a demurrer to the petition, and the only question is whether this court has jurisdiction over the proceeding. The relator avers his title to the office of sheriff of Lafayette county, and that he was duly elected, commissioned and qualified, and has acted as such up to the 6th day of June, 1867, when the respondents acting in the capacity as judges of the County Court in said county made an order, which was entered of record in said court, declaring the office of sheriff vacant.
It is further alleged that on the 24th day of May, 1867, the County Court of Lafayette…
2Cases cited3 opinions
- Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
- People ex rel. Taylor v. BrennanNew York Supreme Court · 1863
- People ex rel. Livingston v. TaylorNew York Supreme Court · 1865
3Cited by38 opinions
- Wood v. StrotherCalifornia Supreme Court · 1888
- Rains v. SimpsonTexas Supreme Court · 1878
- Tulare Water Co. v. State Water CommissionCalifornia Supreme Court · 1921
- State ex rel. New Orleans Canal & Banking Co. v. HeardSupreme Court of Louisiana · 1895
- In re the Saline County Subscription, ThompsonSupreme Court of Missouri · 1869
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