Hambleton v. Town of Dexter
Supreme Court of Missouri
Appeal from, Stoddard Circuit Court. — Hon. R. P. Owen, Judge. (1) Tlie matters necessary to constitute the relator’s right and the defendant’s duty and obligation, must be distinctly charged, since the courts will not infer fault or dereliction on the part of the said defendant. An alternative writ which fails to state these facts, is fatally defective. High. Ext. Leg.
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Appeal from, Stoddard Circuit Court. — Hon. R. P. Owen, Judge. (1) Tlie matters necessary to constitute the relator’s right and the defendant’s duty and obligation, must be distinctly charged, since the courts will not infer fault or dereliction on the part of the said defendant. An alternative writ which fails to state these facts, is fatally defective. High. Ext. Leg. Rem., secs. 10, 536, 537, 538; State ex rel. v. Governor, 39 Mo. 388, 400; State v. Everett, 52 Mo. 89, 94; Hawkins v. More, 3 Ark. 345, 350; Rex v. Oxford, 7 East, 345 ; McKenzie v. Ruth, 22 Ohio St. 371; Trustees v. People,…
1Opinion of the CourtBlack, J.
This is an appeal from the judgment of the circuit court awarding a peremptory writ of mandamus directing the respondents _ below, as trustees of the town of Dexter, to levy and collect a tax to pay a judgment. The relator, Hambleton, is the administrator of the estate of Benj. R. Temples. -Temples, on the thirteenth of March, 1876, recovered a judgment against the town of Dexter; the judgment remains wholly unpaid.
By section 2415, Revised Statutes, the relator could have sued out an execution, and wdien returned unsatisfied, applied for and had a writ of mandamus directing the proper…
2Cases cited4 opinions
- State ex rel. Bartley v. FletcherSupreme Court of Missouri · 1867
- City of Hopkins v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- State ex rel. Hamilton v. EverettSupreme Court of Missouri · 1873
- State ex rel. Cassidy v. SlavensSupreme Court of Missouri · 1882
3Cited by17 opinions
- State Ex Rel. Kopper Kettle Restaurants, Inc. v. City of St. RobertMissouri Court of Appeals · 1968
- State ex rel. Brickman v. WilsonSupreme Court of Alabama · 1898
- State ex rel. Journal Printing Co. v. DreyerMissouri Court of Appeals · 1914
- In Re the Disincorporation of the City of KinlochSupreme Court of Missouri · 1951
- State Ex Rel. Emerson v. City of Mound CitySupreme Court of Missouri · 1934
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