Legal Opinion

State ex rel. Clark v. Osborne

Missouri Court of Appeals

Decided December 10, 1888PublishedCited by 4 opinions

Read the full summary

Appeal from Johnson Circuit Court. — Hon. Charles W. Sloan, Judge. Tlie case is sufficiently stated in the opinion of the court. (1) The board of regents of the state normal schools are state officers within the meaning of the constitution. State ex rel. v. Dillon, 90 Mo. 229 ; State ex rel. v. Valle, 41 Mo. 29 ; State ex rel. x. McKee, 69 Mo. 308. It follows that the supreme court alone had jurisdiction to determine the question whether the circuit court erred in refusing the application of the regents to be made parties. (2) This proceeding is upon the theory that defendants are public…

1Opinion of the CourtRamsay, J.

— This is an application for mandamus filed by the relator H. F. Clark, before the judge of the Johnson county circuit court on the sixth day of June, 1884, at chambers, to compel the faculty of state normal school, district number two (2) of the state of Missouri, to restore the name of one Eosa Clark upon the rolls of said school and to permit and allow her to attend said school as a student and pupil therein. An alternative *538writ was issued returnable to the June term, 1884, at which term the respondents (appellants herein) appeared and filed a demurrer to the alternative writ alleging two…

2Cases cited2 opinions

Dritt v. SnodgrassSupreme Court of Missouri · 1877
State ex rel. Clark v. OsborneMissouri Court of Appeals · 1887

3Cited by4 opinions

Wright v. Board of EducationSupreme Court of Missouri · 1922
State Ex Rel. Sageser v. LedbetterMissouri Court of Appeals · 1977
State ex rel. Biggs v. PenterMissouri Court of Appeals · 1902
State Ex Rel. Sageser v. LedbetterMissouri Court of Appeals · 1977