State ex rel. Jefferson County v. Gordon

• Decision Date: 08 July 1916
• Docket Number: No. 19674.,19674.
• Citation: 188 S.W. 168
• Parties: STATE ex rel. JEFFERSON COUNTY v. GORDON, State Auditor.
• Court: Missouri Supreme Court

188 S.W. 168

STATE ex rel. JEFFERSON COUNTY v. GORDON, State Auditor.

No. 19674.

Supreme Court of Missouri. In Banc.

July 8, 1916.

Original proceedings in mandamus by the State, at the relation of Jefferson County, against John P. Gordon, State Auditor. Alternative writ quashed.

Robert E. Kleinschmidt, Pros. Atty., and Clyde Williams, special counsel, both of Hillsboro, for plaintiff.

FARIS, J.

This is an original proceeding in mandamus, brought at the relation of Jefferson county against respondent as state auditor, to compel respondent to register four certain issues of road bonds, amounting in the aggregate to the sum of $500,000.

The pleadings upon which this case is here and the law under which these issues of bonds were made, as well as the denominations of 100 of the bonds issued, and likewise the conditions in such bonds provided as to the dates at which the same may be called by the county for payment, are identical with the law, with the legal effect of the pleadings, and mutatis mutandis, with the facts in the case of State ex rel. St. Louis County v. Gordon, 188 S. W. 160, this day decided. That case should govern this in all respects.

It results that our alternative writ, having been improvidently issued herein, should be quashed. Let this be done. All concur, except WOODSON, C. J., and BOND and REVELLE, JJ., absent.