State ex rel. Betts v. McGown
| Decision Date | 07 June 1886 |
| Parties | STATE ex rel. BETTS and others v. McGOWN. |
| Court | Missouri Supreme Court |
Appeal from Ralls circuit court.
Application for mandamus to compel the issuing of letters de bonis non by the probate court. Writ denied, and relator appeals from such denial.
Ira Hall, for plaintiff in error.
No appearance for defendant in error.
There are two reasons why the circuit court properly refused to grant the peremptory writ to compel the probate court to grant letters de bonis non:
1. Mandamus will not lie to control the judgment or discretion of an inferior court, for this, in effect, would be to substitute the opinion of the superior for that of the inferior court. Barksdale v. Cobb, 16 Ga. 13; High, Extr. Leg. Rem. §§ 171, 176, 156.
2. Mandamus will not lie in this instance, because relator has another adequate and specific remedy by appeal. The existence of such a remedy bars the exercise of jurisdiction by mandamus; for such a writ is not to usurp the functions of a writ of error or appeal, or to correct errors which may be corrected in that way. High, Extr. Leg. Rem. § 188. And the status of the case would not be affected if the judgment of the inferior court was manifestly erroneous, if the question passed upon was within the jurisdictional powers of the court adjudicating upon it. Id. § 189. Of its jurisdiction there can be no doubt, and in this case the right and remedy of appeal do exist. Section 292 is ample in its provisions for an appeal, and there has been a final decision of the matter by the probate judge.
The result is that the judgment should be affirmed.
(All concur.)
To continue reading
Request your trial
-
Mich. Pub. Utilities Comm'n v. Mich. State Tel. Co.
...v. Circuit Judge, 49 Mich. 85, 13 N. W. 369;Haney v. Circuit Judge, 101 Mich. 392, 59 N. W. 662;State v. Lubke, 85 Mo. 338;State v. Megown, 89 Mo. 156, 1 S. W. 208; People v. Superior Court, 18 Wend. 575; Ex parte Bostwick, 1 Cow. 143; People v. Lott, 42 Hun, 408; Ewing v. Cohen, 63 Tex. 48......
-
State ex rel. U.S. Fire Ins. Co. v. Terte
... ... (2) Mandamus will not ... lie where a matter is discretionary. Gehner v ... Thompson, 293 S.W. 391, 316 Mo. 1169; State ex rel ... Betts v. McGowan, 1 S.W. 208, 89 Mo. 156; State ex ... rel. Union Elec. L. & P. Co. v. Grimm, 119 S.W. 626, 220 ... Mo. 483; State ex rel. Scanland ... ...
- State ex rel. Hilleman v. Fort
-
State ex rel. Missouri Gravel Co. v. Missouri Workmen's Compensation Commission
... ... v. Francis, ... 95 Mo. 44; State ex rel. v. McGrath, 91 Mo. 386; ... State ex rel. v. Gregory, 83 Mo. 136; State ex ... rel. v. McGown, 89 Mo. 156; State ex rel. v. St ... Louis, 158 Mo. 505-514; State ex rel. v ... Oliver, 116 Mo. 188; State ex rel. v. Cramer, ... 196 Mo. 75; ... ...