State ex rel. Faires v. Buhler
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Hon. H. S. Neeley, Judge. (1) In this case the relator cannot maintain the action. When the right is one of public concern only, and , one individual has no more right to have the act done than another, application must be made by a public officer (unless the proper prosecuting officer declines to appear). 4 Wait’s Actions and Defenses, 358, and cases cited; Angelí & Ames on Cor., sec. 719, note 9, and cases cited.
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Appeal from Andrew Circuit Court. — Hon. H. S. Neeley, Judge. (1) In this case the relator cannot maintain the action. When the right is one of public concern only, and , one individual has no more right to have the act done than another, application must be made by a public officer (unless the proper prosecuting officer declines to appear). 4 Wait’s Actions and Defenses, 358, and cases cited; Angelí & Ames on Cor., sec. 719, note 9, and cases cited. (2) .The petition and alternative writ do not state facts sufficient to authorize the writ, which is only granted when the law furnishes no…
1Opinion of the Court
Rat, J. —
This is a proceeding by mandamus to compel defendant, as road overseer, to remove certain fences from across a certain alleged public road in his district. Suit was commenced in April, 1882, in the circuit court of Andrew county, at the relation of J. H. Faires. The petition and alternative writ charge that relator is a citizen and taxpayer of said county, and that defendant is road overseer of district number forty-two in said county, having been appointed February 14, 1882; that there was an ancient legally established road in said district, over and across the west half of the…
2Cases cited3 opinions
- Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
- State ex rel. Wolff v. Board of SupervisorsWisconsin Supreme Court · 1871
- Blecker v. St. Louis Law CommissionerSupreme Court of Missouri · 1860
3Cited by16 opinions
- Sterne, Agee & Leach, Inc. v. U.S. Bank National Ass'nSupreme Court of Alabama · 2014
- State ex rel. Porter v. HudsonSupreme Court of Missouri · 1910
- State ex rel. Brickman v. WilsonSupreme Court of Alabama · 1898
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- State ex rel. Hathorn v. United States Express Co.Supreme Court of Minnesota · 1905
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