Bell v. County Court
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. Reuben E. Roy, Judge. The county court can not he compelled to' make an order which involves, and can only be, the result of judicial discretion. Strohanv. Audrain County Court, 65 Mo. 643; State ex rel. v. Francis, 95 Mo. 44; State ex rel. v. Macon County Court, 68 Mo. 48; State ex rel. v. Laughlin, 75 Mo. 366. The county court might be compelled by writ of mandamus to proceed to a judicial duty, but not to dictate its judgment.
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Appeal from the Pike Circuit Court. — Hon. Reuben E. Roy, Judge. The county court can not he compelled to' make an order which involves, and can only be, the result of judicial discretion. Strohanv. Audrain County Court, 65 Mo. 643; State ex rel. v. Francis, 95 Mo. 44; State ex rel. v. Macon County Court, 68 Mo. 48; State ex rel. v. Laughlin, 75 Mo. 366. The county court might be compelled by writ of mandamus to proceed to a judicial duty, but not to dictate its judgment. State ex rel v. Garesche, 65 Mo. 48; State ex red. v. Young, 84 Mo. 90; Dunklin County v. County Court, Dunklin County, 23…
1Opinion of the CourtBiggs, J.
This is a proceeding by mandamus to compel the justices of the county court of Pike county to appoint a board of commissioners to assess the damages arising out of the opening of a proposed public road. The return is in the nature or a demurrer, which the circuit court sustained. The appellants declined to amend, and the proceeding was dismissed.
The appellants were petitioners for the opening of a public road. The petition for mandamus makes the necessary averments of the various steps necessary and leading up to the presentation of their petition to the *175county court. It also' contains the…
2Cases cited1 opinion
- Strahan v. County CourtSupreme Court of Missouri · 1877
3Cited by6 opinions
- State Ex Rel. Kopper Kettle Restaurants, Inc. v. City of St. RobertMissouri Court of Appeals · 1968
- State Ex Rel. Associated Holding Co. v. City of St. JosephMissouri Court of Appeals · 1943
- State ex rel. Huebler v. Board of Police CommissionersMissouri Court of Appeals · 1904
- Galbraith v. PrenticeMissouri Court of Appeals · 1905
- State ex rel. Galbraith v. McCutchanMissouri Court of Appeals · 1906
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