State ex rel. Clark v. West
Supreme Court of Missouri
Mandamus. (1) Section 5883', as amended, says: “If the court finds that the owners of a majority in acreage of the proposed district are petitioners, or have joined in prayer of said petition for said district or improvement, hy motion, then the court shall . . . find in favor of making the improvement.” Reagan v. County Court, 226 Mo. 79. (2) Mandamus is the proper remedy in this case.
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Mandamus. (1) Section 5883', as amended, says: “If the court finds that the owners of a majority in acreage of the proposed district are petitioners, or have joined in prayer of said petition for said district or improvement, hy motion, then the court shall . . . find in favor of making the improvement.” Reagan v. County Court, 226 Mo. 79. (2) Mandamus is the proper remedy in this case. State ex rel. v. Cramer, 96 Mo. 84; State ex rel. v. Public School, 134 Mo. 307; 26 Cyc. 162; State ex rel. v. Brown, 172 Mo. 374; State ex rel. v. Buhler, 90 Mo. 560; State ex rel. v. Phillips, 97 Mo. 331.…
1Opinion of the CourtFaris, J.
This is an original proceeding by mandamus, whereby relators seek to compel respondents, as judges of the County Court of Cass County, to make an order organizing certain lands of relators and others situate in Cass County into a drainage district, under the provisions of article 4, chapter 41, Revised Statutes 1909, as amended by an act approved March 27, 1913. [Laws 1913, pp. 271-281.] This is the County Court Act, so-called to distinguish it from a similar but procedurally different proceeding whereof the jurisdiction lies in the circuit courts.
Upon the issuance of our alternative writ…
2Cases cited11 opinions
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- State ex rel. Wiles v. WilliamsSupreme Court of Missouri · 1910
- Dorrance v. DorranceSupreme Court of Missouri · 1912
- Kenefick v. City of St. LouisSupreme Court of Missouri · 1895
- State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
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3Cited by7 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- State Ex Rel. Harrell v. ConeSupreme Court of Florida · 1937
- State ex rel. Nichols v. KillorenMissouri Court of Appeals · 1955
- State Ex Rel. Cornelius v. McClanahanMissouri Court of Appeals · 1925
- Isabella Gray-Ross v. St. Louis Public SchoolsMissouri Court of Appeals · 2022
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