Legal Opinion

State ex rel. Jeffries v. Trustees of Town of Pacific

Supreme Court of Missouri

Decided October 15, 1875PublishedCited by 14 opinions

Appeal from Franklin County Circuit Court. I. The warrants were payable from a particular fund, and payment was refused for want of an appropriation. Here, a special .tax is required to pay a special class of debts. Hence, mandamus will lie without a prior judgment. (Dil. Mnn. Corn.. § 686-88; Maddox vs. Graham, 2 Mete. [Ey], 56; State ex rel. vs. Bollinger, 48 Mo., 475 ; Insane Hospital vs. Higgins, 15 111., 185 ; Graham vs. Maysville, 6 Am.

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Appeal from Franklin County Circuit Court. I. The warrants were payable from a particular fund, and payment was refused for want of an appropriation. Here, a special .tax is required to pay a special class of debts. Hence, mandamus will lie without a prior judgment. (Dil. Mnn. Corn.. § 686-88; Maddox vs. Graham, 2 Mete. [Ey], 56; State ex rel. vs. Bollinger, 48 Mo., 475 ; Insane Hospital vs. Higgins, 15 111., 185 ; Graham vs. Maysville, 6 Am. Law Reg., 589 ; Comm, ex rel. vs. Pittsburg, 34 Penn. St., 496.) II. The case of Skinner vs. Platte County, 22 Mo., 437, simply decides that a county…

1Opinion of the CourtWagner, Judge

This was an application for a writ of mandamus by the relator against the defendants as trustees of the town of Pacific, to compel them to pay certain warrants drawn by the town authorities, and in case there should be no money in the treasury, then to levy a tax to pay the same.

The petition does not show for what purpose the warrants were drawn, but on their face they are made payable out of any money appropriated for street work, and they are made to bear interest at the rate of ten per cent, per annum from their date.

*158At the return term of the Circuit Court, the respondents filed their…

2Cases cited5 opinions

  1. State ex rel. Zimmerman v. Justices of Bollinger County CourtSupreme Court of Missouri · 1871
  2. People ex rel. Breckenridge v. BrooksIllinois Supreme Court · 1870
  3. State ex rel. White v. Clay CountySupreme Court of Missouri · 1870
  4. Skinner v. Platte CountySupreme Court of Missouri · 1856
  5. State ex rel. Hasbrouck v. City of MilwaukeeWisconsin Supreme Court · 1867

3Cited by14 opinions

  1. Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
  2. State ex rel. Good v. JohnIndiana Supreme Court · 1908
  3. Ray v. WilsonSupreme Court of Florida · 1892
  4. State ex rel. Wilson v. RaineySupreme Court of Missouri · 1881
  5. School District No. 11 v. LauderbaughSupreme Court of Missouri · 1883

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