Legal Opinion

State ex rel. Randolph County v. Evans

Supreme Court of Missouri

Decided February 9, 1912PublishedCited by 1 opinion

ON MOTION TO STRIKE OUT. (1) The writ of mandamus is the proper remedy to compel officers of the State whose duties are ministerial to perform .such duties. State ex rel. v. Secretary of State, 33 Mo. 29-3; State ex rel. v. McG-rath, 92 Mo. 355; State ex rel. v. Lesueur, 103 Mo. 262; State •ex rel. v. Cook, 174 Mo.

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ON MOTION TO STRIKE OUT. (1) The writ of mandamus is the proper remedy to compel officers of the State whose duties are ministerial to perform .such duties. State ex rel. v. Secretary of State, 33 Mo. 29-3; State ex rel. v. McG-rath, 92 Mo. 355; State ex rel. v. Lesueur, 103 Mo. 262; State •ex rel. v. Cook, 174 Mo. KX>; State ex rel. v. G-ordon, 231 Mo. 547; State ex rel. v. Roach, 230 Mo. 408. (2) The duties of the State Superintendent of Public ■Schools in making the apportionment of school moneys among the various counties of the State, as required ■by Sec. 10822, R. S. 1909, are purely…

1Opinion of the CourtGraves, J.

Action by mandamus to compel the respondent to apportion to relator the full sum *100of $16,811.35 of the State’s school moneys. In the alternative writ it is charged that the county of Randolph for the year 1911 had a school population (persons between six and twenty years of age) of 9269, as shown by the enumerations of the several school districts in said county. The vital portion of the alternative writ reads:

“That by section 10822 of the Revised Statutes of Missouri for the year 1909 it is made the duty of the State Superintendent of Schools, during the month of July, 1911, to apportion the…

2Cases cited10 opinions

  1. Lingo v. BurfordSupreme Court of Missouri · 1892
  2. Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
  3. State v. EvansSupreme Court of Missouri · 1884
  4. Jeffries v. WrightSupreme Court of Missouri · 1873
  5. State ex rel. Wheeler v. AdamsSupreme Court of Missouri · 1901

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3Cited by1 opinion

  1. State ex rel. School District No. 301 v. PrestonWashington Supreme Court · 1915

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