Legal Opinion

State ex rel. Bartle v. Coleman

Missouri Court of Appeals

Decided January 22, 1889PublishedCited by 3 opinions

Error to the Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. Whenever a statute requires something to be done which is for the benefit of the public, or in which the public are interested, then it is mandatory, and the officer whose duty it is to perform the act has no discretion in the matter. See Sedg. Const, of Stat. and Const. Law [2 Ed.] 331, 375, and note; Dill. Mun. Corp. [2 Ed.] sec. 62 and note 4; 4 Wallis, 435 ; 42 Mo. 171; 15 Am.

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Error to the Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. Whenever a statute requires something to be done which is for the benefit of the public, or in which the public are interested, then it is mandatory, and the officer whose duty it is to perform the act has no discretion in the matter. See Sedg. Const, of Stat. and Const. Law [2 Ed.] 331, 375, and note; Dill. Mun. Corp. [2 Ed.] sec. 62 and note 4; 4 Wallis, 435 ; 42 Mo. 171; 15 Am. Dec. 466, and note 467; Potter’s Dwarris, 223. County courts are courts of special and limited jurisdiction, can only act in the manner pointed out…

1Opinion of the CourtRombaueb, P. J.

The relators, who are resident citizens of Franklin county, obtained an alternative writ of mandamus *473against the defendants, who are the judges of the county court. The writ recites that there is a public bridge across, the Meramec river in said county, on a public road leading from the town of St. Clair to the eastern boundary line of the county; that said bridge is in an unsafe condition and in need of repair ; that the relators had petitioned the county court to repair said bridge, but it had declined and refused to do so, and declined to take any proceedings required by law to repair said…

2Cases cited5 opinions

  1. Corrigan v. GageSupreme Court of Missouri · 1878
  2. State ex rel. Fitzpatrick v. MeyersSupreme Court of Missouri · 1883
  3. Halpin v. CampbellSupreme Court of Missouri · 1880
  4. State ex rel. Horstkotte v. Board of HealthSupreme Court of Missouri · 1886
  5. State ex rel. Horstman v. County CourtMissouri Court of Appeals · 1887

3Cited by3 opinions

  1. Jefferson County v. St. Louis CountySupreme Court of Missouri · 1893
  2. Hoskins v. Shelby CountySupreme Court of Missouri · 1976
  3. State ex rel. Curts v. ThomasSupreme Court of Missouri · 1904

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