State ex rel. Zimmerman v. Justices of Bollinger County Court
Supreme Court of Missouri
Error to Bollinger Circuit Court. I. If tbe County Court, by mistake or otherwise, audited an illegal claim, payment cannot be compelled by mandamus, for courts will leave the parties to such remedies as they may have by ordinary proceedings. (43 Mo. 230 ; The People ex rel.
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Error to Bollinger Circuit Court. I. If tbe County Court, by mistake or otherwise, audited an illegal claim, payment cannot be compelled by mandamus, for courts will leave the parties to such remedies as they may have by ordinary proceedings. (43 Mo. 230 ; The People ex rel. Merritt v. Lawrence, 6 Hill, 244; The People v. Edmonds, id. 472 ; The People v. Stout, id. 350; Baker v. Johnson, 41 Me. 15.) H. The court, in effect, gave a particular judgment and compelled an inferior court to reverse its decision where it had once acted. Mandamus will not issue to do either. (Dunklin County, etc., v.…
1Opinion of the CourtBliss, Judge
The relator presented a petition to the Circuit Court of Bollin-ger county for a writ of mandamus directed to the county judges, to require them to provide for the payment of certain county warrants ordered by them an‘d drawn upon the swamp land fund, and representing that by a proceeding in garnishment the warrants had been placed in the hands of the sheriff for the use of the relator; that he had presented them to the treasury but their payment was refused, for the reason that the County Court had otherwise disposed of the fund, and had directed him not to pay them ; that he had applied to…
2Cases cited4 opinions
- Snoddy v. County of PettisSupreme Court of Missouri · 1870
- State ex rel. Thomas v. Treasurer of Callaway CountySupreme Court of Missouri · 1869
- Reppy v. Jefferson CountySupreme Court of Missouri · 1870
- State ex rel. White v. Clay CountySupreme Court of Missouri · 1870
3Cited by12 opinions
- Ray v. WilsonSupreme Court of Florida · 1892
- Sheridan v. FlemingSupreme Court of Missouri · 1887
- St. Louis, Iron Mountain & Southern Railway Co. v. City of St. LouisSupreme Court of Missouri · 1887
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
- State ex rel. Wheeler v. AdamsSupreme Court of Missouri · 1901
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