Sheridan v. Fleming
Supreme Court of Missouri
Appeal from Holt Circuit Court, — Hon. H. S. Kelley, • n >; Judge. :i; The general denial, filed as answer, was no return to alternative writ granted. Demurrer ought to have been sustained, and peremptory writ awarded. R. S., sec. 3254. Until a proper return to alternative writ was made by defendants, and reply by plaintiff, there was and could be no issue for trial.
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Appeal from Holt Circuit Court, — Hon. H. S. Kelley, • n >; Judge. :i; The general denial, filed as answer, was no return to alternative writ granted. Demurrer ought to have been sustained, and peremptory writ awarded. R. S., sec. 3254. Until a proper return to alternative writ was made by defendants, and reply by plaintiff, there was and could be no issue for trial. R. S., sec. 3255, 3261; State v. Bollinger County,48 Mo. 475 ; State ex rel. v. Lafayette County CoiCrt", *41 So. 545 ; Austin v. Court, 35 Mo. 198 ; Séaterex-relí-vrJSvemMty ^'M.o. 89 ; State ex rel. v. Myers, 8D,!M6l’ 001.…
1Opinion of the CourtBlack, J.
Sheridan applied to the circuit court of Holt county for a writ of mandamus requiring the judges of the county court to levy taxes for the payment of a warrant by him held on the county treasurer. The peremptory writ being denied, he appealed to this court. The facts disclosed are these : In 1874, Sheridan made a contract by which he became bound to dig what is called Tarkio ditch. The contract was made with commissioners, appointed by the county court under the act of March 3, 1869, which provides for the reclamation and improvement of swamp lands. After the contract had been made, the…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. City of St. LouisSupreme Court of Missouri · 1887
- State ex rel. Zimmerman v. Justices of Bollinger County CourtSupreme Court of Missouri · 1871
3Cited by21 opinions
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- Norris v. Montezuma Valley Irr. Dist.Court of Appeals for the Eighth Circuit · 1918
- State ex rel. Porter v. HudsonSupreme Court of Missouri · 1910
- King's Lake Drainage & Levee District v. JamisonSupreme Court of Missouri · 1903
- State ex rel. Frazer v. Holt County CourtSupreme Court of Missouri · 1896
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