State ex rel. Smith v. Mayor of Alderman
Supreme Court of Missouri
Appeal from Newton Circuit Court.— Hon. Henry G. Pepper, Judge. (1) “Mandamus is strictly a legal remedy with which equity has nothing to do.” 2 Spelling, Extraordinary Relief, sec. 1363; 19 Am. and Eng. Ency.
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Appeal from Newton Circuit Court.— Hon. Henry G. Pepper, Judge. (1) “Mandamus is strictly a legal remedy with which equity has nothing to do.” 2 Spelling, Extraordinary Relief, sec. 1363; 19 Am. and Eng. Ency. Law (2 Ed.), 718, 731; State ex rel. v. Lewis, 76 Mo. 380. (2) In the contract in question the agreement to make payment of the semiannual installments is unconditional and the date of payment and the amount to he paid are fixed with certainty — thus constituting a debt for the entire amount within the meaning of article 10, section 12, of the Constitution. The debt is absolute — there…
1Opinion of the CourtLamm, J.
Relator, Henry B. Smith (hereinafter called plaintiff), sued out an alternative writ of mandamus in the circuit court of Newton county against the mayor and board of aldermen of the city of Neosho, whereby respondents (hereinafter called defendants) as such officers, were commanded to forthwith issue and deliver, or show cause why they have not issued and delivered, warrants in lawful form upon the treasurer of said city, requiring him to pay certain semiannual installments of $875 each, to said Smith out of a certain fund created by the earnings and revenues of its waterworks, subsequently…
2Cases cited12 opinions
- Winston v. City of SpokaneWashington Supreme Court · 1895
- Saleno v. City of NeoshoSupreme Court of Missouri · 1895
- Morrison v. MoreySupreme Court of Missouri · 1898
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Brockenbrough v. Board of Water CommissionersSupreme Court of North Carolina · 1903
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3Cited by30 opinions
- Gruen v. State Tax CommissionWashington Supreme Court · 1949
- State and Diver v. City of MiamiSupreme Court of Florida · 1933
- Barnes v. Lehi CityUtah Supreme Court · 1929
- Bell v. City of FayetteSupreme Court of Missouri · 1930
- State Ex Rel. Public Institutional Building Authority v. GriffithOhio Supreme Court · 1939
25 more not listed; retrieve them via the Exa API.