Legal Opinion

State ex rel. Sharp v. Weeks

Supreme Court of Missouri

Decided October 15, 1887PublishedCited by 9 opinions

Maoidamus. (1) The Supreme Court has power to issue writs of habeas corpus, mandamus, and other remedial writs, and to hear and determine same. Const. Mo., art. 6, sec. 3. And any judge of the court may issue it in vacation. R. S. 1879, sec. 3254. And the merits of the matter, and the grounds upon which the remedy is sought, must appear in the petition. State v, St. Louis' Circuit Court, 1 Mo.

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Maoidamus. (1) The Supreme Court has power to issue writs of habeas corpus, mandamus, and other remedial writs, and to hear and determine same. Const. Mo., art. 6, sec. 3. And any judge of the court may issue it in vacation. R. S. 1879, sec. 3254. And the merits of the matter, and the grounds upon which the remedy is sought, must appear in the petition. State v, St. Louis' Circuit Court, 1 Mo. App. 543; State v. Governor, 39 Mo. 388. The action and finding of the county court, that an applicant for dram-shop license has complied with the law in reference to the same, is conclusive. State v.…

1Opinion of the CourtSherwood, J.

This is an original proceeding in this court, its object being to compel the county court of Jasper county to issue a license to the relator, Sharp, to keep a saloon in the city of Carthage.

I. The alternative writ of mandamus was issued by a member of this court in vacation, returnable to this term. A motion, based on that ground, has been filed to quash the writ. The statute authorizes a judge of *502this court to issue such a writ in vacation. R. S., sec. 3254. This statutory provision does not impinge upon section 3, of article 6, of our state constitution. If, however, such a writ should be…

2Cited by9 opinions

  1. State Ex Rel. Hawkins v. Board of Control of FloridaSupreme Court of Florida · 1950
  2. Dexner v. HoughtonSupreme Court of Minnesota · 1922
  3. State ex rel. Julian v. Board of Metropolitan Police CommissionersIndiana Supreme Court · 1907
  4. State Ex Rel. Stoecker v. Lemay Ferry Sewer DistrictSupreme Court of Missouri · 1933
  5. Lincoln-Lucky & Lee Mining Co. v. District CourtNew Mexico Supreme Court · 1894

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