State Ex Rel. Dolman v. Dickey
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) Appellants herein are vested with a discretion which is not subject to review by mandamus. Merrill on Mandamus, sec. 20; Secs. 8831, 8840-, R. S. 1909'; McQuillin on Municipal Corporation, sec. 2548; State ex rel. v. Mier, 142 Mo. App. 310.' (2) If the inferior tribunal, corporate body or public agent or officer has a discretion ánd acts and exercises it, this discretion cannot be controlled by mandamus.
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Appeal from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) Appellants herein are vested with a discretion which is not subject to review by mandamus. Merrill on Mandamus, sec. 20; Secs. 8831, 8840-, R. S. 1909'; McQuillin on Municipal Corporation, sec. 2548; State ex rel. v. Mier, 142 Mo. App. 310.' (2) If the inferior tribunal, corporate body or public agent or officer has a discretion ánd acts and exercises it, this discretion cannot be controlled by mandamus. Dillon on Municipal Corporations, sec. 1489; State v. Bersh, 83 Mo. App. 657; State v. Walker, 85' Mo. App. 247; State…
1Opinion of the Court
This is a proceeding to compel by mandamus the issuance of tax bills to pay for the construction of pavement on a street in St. Joseph, a city of the first class. The relator is assignee of the Standard Construction Company, the contractor in the performance of the work. The Circuit Court of Buchanan County, after hearing the evidence, determined the issues in favor of relator, and granted a peremptor writ and defendants appealed.
The petition for the alternative writ set out the ordinance providing for the concrete paving of Twelfth Street from Hickory Street to Garfield Avenue, and…
2Cases cited20 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- State ex rel. Kelleher v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1896
- Scott v. Parkview Realty & Improvement Co.Supreme Court of Missouri · 1912
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Johnson v. SevierSupreme Court of Missouri · 1936
- Myers v. Union Electric Light & Power Co.Supreme Court of Missouri · 1933
- State Ex Rel. Renner v. NoelSupreme Court of Missouri · 1940
- Corley v. MontgomeryMissouri Court of Appeals · 1932
- State Ex Rel. Dolman v. Dickey.Supreme Court of Missouri · 1921
6 more not listed; retrieve them via the Exa API.