Township Board of Education v. Boyd
Supreme Court of Missouri
Error to Washington Circuit Court. I. The duty of the County Court to pay over township school funds into the county treasury is ministerial, devolving upon them by operation of law; and imperative, and no element of discretion can enter into its performance, and .mandamus -is a proper remedy.
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Error to Washington Circuit Court. I. The duty of the County Court to pay over township school funds into the county treasury is ministerial, devolving upon them by operation of law; and imperative, and no element of discretion can enter into its performance, and .mandamus -is a proper remedy. (High .Mand., § 230, p. 177; Butler vs. Chariton County Court, 13 Mo., 112; Teal vs. Chariton County Court, 15 Mo., 412 ; Marion Co. vs. Moffet, adm’r, '15 Mo., 604; Ray County vs. Bently, 49 Mo., 236 ; People -vs. Corp. of Brooklyn, 1 Wend., 318.) And this is true, notwithstanding the existence of…
1Opinion of the Court
Lewis, Judge,.delivered the opinion of the court.
In 1866, Robert N. and William C. Martin bécame purchasers, in the usual manner, of the school section in- township 36, range 2, east, giving their note with personal security to Washington County, for the use of the inhabitants of the township. In May, 1868, the note remaining unpaid, the *278County Court required additional séeurity, which was hot given. A second order being made, also without effect, the court directed suit npon the note with an application for injunction against the makers to prevent their committing waste upon the land. The…
2Cases cited2 opinions
- Reardon v. St. Louis CountySupreme Court of Missouri · 1865
- Ray County ex rel. Common School Fund v. BentleySupreme Court of Missouri · 1872
3Cited by9 opinions
- County Commissioners v. City of JacksonvilleSupreme Court of Florida · 1895
- Bank of Chatsworth v. Hagedorn Construction Co.Supreme Court of Georgia · 1923
- Knox County v. HunoltSupreme Court of Missouri · 1892
- Pippin v. State ex rel. Town of BlountstownSupreme Court of Florida · 1917
- Montgomery County v. AuchleySupreme Court of Missouri · 1890
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