Legal Opinion

State ex rel. Reynolds v. Jost

Supreme Court of Missouri

Decided April 12, 1915PublishedCited by 32 opinions

Mandamus. (1) The findings of fact made by the commissioner are binding upon both relators and respondents because no exceptions have been filed to his report by either.

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Mandamus. (1) The findings of fact made by the commissioner are binding upon both relators and respondents because no exceptions have been filed to his report by either. So far as we know, no rule has been established by this court upon this subject, but this is the rule that prevails generally in all cases referred by courts to masters, referees and commissioners, and no reason is apparent why it should not apply in this court to findings of fact made in the reports of its commissioners (certainly the practice is for those objecting to such findings to file exceptions thereto). (2) The…

1Opinion of the CourtGrEAVE'S, J.

Original action in mandamus. Belators constitute the majority of the Board of Police Commissioners of Kansas City, acting as and for such board. The respondents are the mayor and members of the common council of said city.

Before the beginning of the fiscal year of 1914 the Board of Police Commissioners certified to the mayor and common council the amount that would be re*63quired to maintain the police force and the police department of the city. This estimate was $725,000. The mayor urged that such sum could not be appropriated, and the Board of Police Commissioners cut out some items and…

2Cases cited14 opinions

  1. Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
  2. State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
  3. State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
  4. State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
  5. State ex rel. Kansas City v. FieldSupreme Court of Missouri · 1889

9 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Kansas City v. J. I. Case Threshing MacHine Co.Supreme Court of Missouri · 1935
  2. Axberg v. City of LincolnNebraska Supreme Court · 1942
  3. Pearson v. Kansas CitySupreme Court of Missouri · 1932
  4. State v. KempSupreme Court of Missouri · 1955
  5. State Ex Rel. Carpenter v. City of St. LouisSupreme Court of Missouri · 1928

27 more not listed; retrieve them via the Exa API.

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