St. Louis County Court v. Sparks
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court- POINTS AND AUTHORITIES. 1. The Circuit Court had no authority or jurisdiction in the case, to issue a mandamus. See State Constitution, Art. 5, §3 — 4 Bac. Ab. Tit. Mandamus,'p. 496 — anápp. 514 — 15—16. In Ehgland, the mandamus is a high prerogative writ, pertaining to the King’s Bench. In Missouri, the Constitution gives it, in terms, to the Supreme Court; and neither the Constitution nor any statute gives it to the Circuit Court.
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APPEAL from St. Louis Circuit Court- POINTS AND AUTHORITIES. 1. The Circuit Court had no authority or jurisdiction in the case, to issue a mandamus. See State Constitution, Art. 5, §3 — 4 Bac. Ab. Tit. Mandamus,'p. 496 — anápp. 514 — 15—16. In Ehgland, the mandamus is a high prerogative writ, pertaining to the King’s Bench. In Missouri, the Constitution gives it, in terms, to the Supreme Court; and neither the Constitution nor any statute gives it to the Circuit Court. And so the Circuit Court cannot exercise it in any instance, unless in support of its own granted power, to supervise…
1Opinion of the CourtScott, J.
The act of December 12, 1836, made it the duty of the County Court for the County of St. Louis, at the first term which should be holden in said County, in each year, to appoint a Collector of the Revenue for the said County, who should be a respectable householder in said County, and reside within the same, and should hold his office for one year, and until his successor was appointed. The second section of the act provided that if the Court at that term failed to malee the appointment, then the Clerk of the County Court should make the same.
Under this act, John Sparks was appointed…
2Cases cited3 opinions
- Jackson ex dem. Hooker v. YoungNew York Supreme Court · 1826
- St. Louis County Court v. RulandSupreme Court of Missouri · 1838
- People ex rel. Knapp v. Judges of the Court of Common PleasNew York Supreme Court · 1825
3Cited by34 opinions
- Melody FRYE, Respondent, v. Ronald J. LEVY, Director, State of Missouri, Department of Social Services, Children’s Division, AppellantSupreme Court of Missouri · 2014
- Griebel v. State ex rel. NiezerIndiana Supreme Court · 1887
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- State Ex Rel. Rogersville Reorganized School District No. R-4 v. HolmesSupreme Court of Missouri · 1952
- State Ex Rel. Gallagher v. Kansas CitySupreme Court of Missouri · 1928
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