State ex rel. Heimberger v. Board of Curators of the University of Missouri
Supreme Court of Missouri
Mandamus. (1) The university incorporated under, the name of the Board of Curators of the University of Missouri is declared to be a body politic. R. S. 1909, sec. 11097. That is, it is a corporation pertaining to the public; a public, not a private, corporation; a g-uasi-munieipal corporation, subject to the discretionary control of the law-making power of the State. Head v. Curators, 47 Mo. 220; Carrick Academy v. Clark, 112 Tenn. 483; State v. Irwin, 84 Pac.
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Mandamus. (1) The university incorporated under, the name of the Board of Curators of the University of Missouri is declared to be a body politic. R. S. 1909, sec. 11097. That is, it is a corporation pertaining to the public; a public, not a private, corporation; a g-uasi-munieipal corporation, subject to the discretionary control of the law-making power of the State. Head v. Curators, 47 Mo. 220; Carrick Academy v. Clark, 112 Tenn. 483; State v. Irwin, 84 Pac. (Wyo.) 90; Mayor of Baltimore v. Keeley Inst., 81 Md. 106; Downing v. State Brd. of Agr., 129 Ind. 443; University v. Williams, 9…
1Opinion of the CourtBlair, J.
— This is an original proceeding by mandamus, the purpose of which is to compel the curators of the University of Missouri to obey an act duly passed by the General Assembly of the State and signed by the Governor, March 23, 1915. [Laws 1915, p. 391.] That act amends sections 11134 and 11141, Revised Statutes 1909, and, with the amendatory matter indicated by italics, reads as follows:
“Sec. 11134. Objects of These Colleges. — The leading objects of said colleges shall be to teach such branches as are related to agriculture and mechanic arts and mining, including military tactics, and without…
2Cases cited2 opinions
- Weinberg v. Regents of UniversityMichigan Supreme Court · 1893
- Sterling v. Regents of UniversityMichigan Supreme Court · 1896
3Cited by30 opinions
- Roberts v. McNarySupreme Court of Missouri · 1982
- State v. LewisAlaska Supreme Court · 1977
- Concerned Parents v. Caruthersville School District 18Supreme Court of Missouri · 1977
- State Ex Rel. Curators of the University of Missouri v. NeillSupreme Court of Missouri · 1966
- State Ex Rel. Randolph County v. WaldenSupreme Court of Missouri · 1947
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