Legal Opinion

State ex rel. Best v. Jones

Supreme Court of Missouri

Decided March 30, 1900PublishedCited by 15 opinions

Appeal from Montgomery Circuit Court. — Non. E. M. Hughes, Judge. (1) Two courses are open to the respondent in mating return to an alternative writ of mandamus, to-wit: He may either traverse substantially the suggestions of the alternative writ, or he may confess and avoid, as he chooses, but he can not adopt both in the same pleading. High on Ex. Rem.

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Appeal from Montgomery Circuit Court. — Non. E. M. Hughes, Judge. (1) Two courses are open to the respondent in mating return to an alternative writ of mandamus, to-wit: He may either traverse substantially the suggestions of the alternative writ, or he may confess and avoid, as he chooses, but he can not adopt both in the same pleading. High on Ex. Rem. (2 Ed.), secs. 460, 461, 466, 467; Donohoe v. Heidel, 33 Mo. 336; Atterberry v. Powell, 29 Mo. 429; Adains v. Trigg, 37 Mo. 141; McCord v. Railroad, 21 Mo. App. 92; Bacon’s Abridg. I; Prince Stra., 1235. (2) If we treat the return as a…

1Opinion of the CourtMarshall, J.

The defendants are the directors of the school district of the'town of Montgomery City, which district was duly organized under provisions of article 2, chapter 143, Revised Statutes 1889. The relators are resident tax-paying citizens of said school district, and patrons of the schools therein, and as such’ prosecute this proceeding by mandamus to compel the defendants to divide said district into as many wards as there are school buildings in said school district, in the branches and in the manner and form directed in said section 8023, “so that the children in the school district will not…

2Cases cited1 opinion

  1. State ex rel. State Journal Co. v. McGrathSupreme Court of Missouri · 1886

3Cited by15 opinions

  1. State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
  2. Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
  3. City of Tarkio v. ClarkSupreme Court of Missouri · 1905
  4. Molacek v. WhiteSupreme Court of Oklahoma · 1912
  5. Corley v. MontgomeryMissouri Court of Appeals · 1932

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