State ex rel. School District v. Williams
Missouri Court of Appeals
Appeal from the Daviess Circuit Court. — Hon. E. J. Beoaddus, Judge. (1) The court erred in overruling the relator’s motion. * The relator’s petition in this case stated a meritorious -'cause of action. (2) Writs of certiorari are in the nature of writs of error and operate in a similar way. B. B. v. Young, 96 Mo. 39. Relator was not guilty of laches in suing out its writ. State ex rel. v. Bowerman, 40 Mo.
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Appeal from the Daviess Circuit Court. — Hon. E. J. Beoaddus, Judge. (1) The court erred in overruling the relator’s motion. * The relator’s petition in this case stated a meritorious -'cause of action. (2) Writs of certiorari are in the nature of writs of error and operate in a similar way. B. B. v. Young, 96 Mo. 39. Relator was not guilty of laches in suing out its writ. State ex rel. v. Bowerman, 40 Mo. App. 577; R. 8. 1889, sec. 8028; 4 Ency. of Plead, and Prac., pp. 176, 181; State ex rel. v. Cauthorn, 40 Mo. App. 94; Gardes v. Champion, 108 Ill. 137; LeBoy v. New York, 20 Johns. (N. Y.)…
1Opinion of the CourtGill, J.
statement. In obedience to a writ of certiorari issued by the Daviess circuit court, the defendant certified up to that court what purported to be all the papers and records found in his office relating to a proceeding for changing the boundary line between two school districts, one of which was the relator. It seems that said proceeding was begun in 1893, when, as'provided in section 7972 of-the school law, the matter of changing the boundary line between the plaintiff district and an *240adjoining district was submitted to the voters of the two districts, at which election one district voted in…
2Cases cited5 opinions
- Hannibal & St. Joseph Railroad v. State Board of EqualizationSupreme Court of Missouri · 1876
- State ex rel. Reider v. Moniteau County CourtMissouri Court of Appeals · 1891
- State ex rel. Lathrop v. DowlingSupreme Court of Missouri · 1872
- House v. Clinton County CourtSupreme Court of Missouri · 1878
- State ex rel. Halpin v. PowersSupreme Court of Missouri · 1878
3Cited by4 opinions
- State Ex Rel. St. Louis Union Trust Co. v. NeafSupreme Court of Missouri · 1940
- State Ex Rel. Chase v. CalvirdSupreme Court of Missouri · 1930
- State ex rel. District No. 3, Township 31, Range 22 v. PattonMissouri Court of Appeals · 1904
- State ex rel. Sager v. MulvihillMissouri Court of Appeals · 1905