State ex rel. Hopkins v. Cnty. Court of Cooper Cnty.

• Decision Date: 31 October 1876
• Citation: State ex rel. Hopkins v. Cnty. Court of Cooper Cnty., 64 Mo. 170 (Mo. 1876)
• Parties: STATE OF MISSOURI ex rel. SARAH E. HOPKINS, Relator, v. THE COUNTY COURT OF COOPER COUNTY, et al., Respondents.
• Court: Missouri Supreme Court

64 Mo. 170

STATE OF MISSOURI ex rel. SARAH E. HOPKINS, Relator,

v.THE COUNTY COURT OF COOPER COUNTY, et al., Respondents.

Supreme Court of Missouri.

October Term, 1876.

Petition for Mandamus.

Wash Adams, Draffin & Williams, and Wagner, Dyer & Emmons, for Relator.J. H. Johnston, for Respondent.

SHERWOOD, Judge, delivered the opinion of the court.

This is an application for a writ of mandamus to compel the county court of Cooper county to pay the interest coupons due July 1, 1873, on certain township bonds issued to the Tebo and Neosho railroad company by said court on behalf of the township of Boonville. In conformity with our long established custom, when the application was first made we denied the writ; but at the earnest solicitation of counsel, one of whom was Chief Justice of this court when said denial occurred, we temporarily vacated the order denying the writ, to give opportunity to the present counsel to be heard in connection with others in cases set down for re-argument, involving the validity of bonds of the character before mentioned; stating, however, that the only effect of the vacation of the order would be to place the petitioner in the same attitude as when the application was first made.

The reasons which gave origin to the custom above adverted to, were...