State ex rel. Horstman v. County Court
Missouri Court of Appeals
Appeal from Gasconade Circuit Court, Hon. A. J. Seay, Judge. The case and facts are stated in the opinion. I. Under the pleadings of this case the appellant ■was entitled to the peremptory writ, and the relief prayed for, for the reason that the county court had no discretion in the matter of appointment of road overseer, upon the presentation of the proper petition, as prescribed by section 11, on page 161, of the session acts •of 1883, of “An Act Concerning Roads and…
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Appeal from Gasconade Circuit Court, Hon. A. J. Seay, Judge. The case and facts are stated in the opinion. I. Under the pleadings of this case the appellant ■was entitled to the peremptory writ, and the relief prayed for, for the reason that the county court had no discretion in the matter of appointment of road overseer, upon the presentation of the proper petition, as prescribed by section 11, on page 161, of the session acts •of 1883, of “An Act Concerning Roads and Highways.” The petition, and alternative writ, stated all requisite matter under said section, and respondent’s return or…
1Opinion of the CourtPhilips, P. J.
This is a proceeding by manda/mus, against the justices of the county court of Gasconade county. The petition states, substantially, that prior to February, 1886, the said county court had divided said county into convenient road districts, of which district number 13 was one ; that relator was a resident taxpayer of said district; that a majority of the taxpayers of said district presented to said court, at said February term, their petition, in due form, praying for the appointment, in said district, of the relator as road overseer; *449that the court, unmindful of its duty, and in disregard of…
2Cases cited3 opinions
- State ex rel. Bland v. RodmanSupreme Court of Missouri · 1869
- State ex rel. Jackson v. MoseleySupreme Court of Missouri · 1864
- Platte County Court v. McFarlandSupreme Court of Missouri · 1848
3Cited by3 opinions
- Com. Ex Rel. Dist. Att. v. GibsonSupreme Court of Pennsylvania · 1934
- Commonwealth ex rel. District Attorney v. GibsonSupreme Court of Pennsylvania · 1934
- State ex rel. Bartle v. ColemanMissouri Court of Appeals · 1889