State ex rel. Kern v. Stone
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Eon. Charles A. Calvircl, Judge. (1) Tlie plea of the defendant in liis return setting up the alleged refusal of the drainage district to become a party defendant to the action brought in the United States District Court by Wills & Sons against Bates County is inconsistent with the further averments in the return that that court held exclusive jurisdiction of all matters involved in the present proceeding, and that that court had held the…
Read the full summary
Appeal from Bates Circuit Court. — Eon. Charles A. Calvircl, Judge. (1) Tlie plea of the defendant in liis return setting up the alleged refusal of the drainage district to become a party defendant to the action brought in the United States District Court by Wills & Sons against Bates County is inconsistent with the further averments in the return that that court held exclusive jurisdiction of all matters involved in the present proceeding, and that that court had held the drainage district was not a proper party defendant. The former plea referred to, should, therefore, be disregarded. Cable…
1Opinion of the Court
RAILEY, C.
Statement. This is a mandamus proceeding, brought by relator as treasurer of Drainage District Number One, in Bates County, Missouri, against respondent, as the treasurer of said county, to compel the latter to turn over to relator, as treasurer aforesaid, $29,-Q16.16, held by him under an order of the county court of said county, together with $1700 alleged to have been received by said county as interest, on account of the proceeds of sale of drainage bonds.
The record before us is very meagre and unsatisfactory, but as the proceedings in the Federal Court by Wills & Sons v. Bates…
2Cases cited9 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Landis v. HamiltonSupreme Court of Missouri · 1883
- Wood v. EnselSupreme Court of Missouri · 1876
- Davidson v. I. M. Davidson Real Estate & Investment Co.Supreme Court of Missouri · 1913
- State ex rel. Hempstead v. CosteSupreme Court of Missouri · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State Ex Rel. Russell v. State Highway CommissionSupreme Court of Missouri · 1931
- Veal v. City of St. LouisSupreme Court of Missouri · 1956
- Pearson Drainage District v. ErhardtMissouri Court of Appeals · 1947
- State Ex Rel. Burnett v. School DistrictSupreme Court of Missouri · 1934
- Powell v. City of Creve CoeurMissouri Court of Appeals · 1970
8 more not listed; retrieve them via the Exa API.