State ex rel. Smith v. Cnty. Court of Platte Cnty.

Decision Date31 October 1884
Citation83 Mo. 539
PartiesTHE STATE ex rel. SMITH v. THE COUNTY COURT OF PLATTE COUNTY, Appellant.
CourtMissouri Supreme Court

Appeal from Platte Circuit Court.--HON. GEO. W. DUNN, Judge.

REVERSED.

NORTON, J.

This is a proceeding by mandamus on the part of the state at the relation of C. A. Smith, the object of which is to compel the county court of Platte county to allow the account of relator for costs and expenses in holding an inquest over a dead body. The trial court awarded a peremptory writ as prayed for, from which defendant has appealed to this court, and the question which the appeal presents is whether under existing statutes, the county court in allowing such accounts acts ministerially or judicially, and whether in the event of disallowance mandamus will lie.

It appears from the record before us that the relator presented his account to the county court for allowance and it was disallowed. That the action of the court in this respect was judicial and not ministerial, has been expressly held by this court at the present term in the case of State ex rel. v. Marshall, 82 Mo. 484; and it is also held in that case that where the county court has acted and refused to allow such an account that mandamus will not lie to compel them to allow it, first because the court as to such accounts acts judicially and second, because the law in such cases affords an adequate remedy to the coroner, or justice who may act as coroner, by appeal from the decision of the court. It is also held in the above cited case that the case of Boisliniere v. Board of County Commissioners, 32 Mo. 375, where it was held that under the statutes of 1855 then in force it was the duty of the coroner and not that of the court to decide the propriety of the inquest, was not now in point because the statute had been changed by section 5157, Rev. Stat., which provides “that...

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13 cases
  • State v. Wurdemann
    • United States
    • Missouri Court of Appeals
    • April 7, 1914
    ...do act judicially in many matters and in the final act of granting the license, see State v. Evans, 83 Mo. 319; State ex rel. Smith v. County Court of Platte County, 83 Mo. 539; State ex rel. Campbell v. Heege, 37 Mo. App. 338, loc. cit. 346; State ex rel. Pulliam v. Fort, 107 Mo. App. 328,......
  • State ex rel. Lashly v. Wurdeman
    • United States
    • Missouri Court of Appeals
    • April 7, 1914
    ... ... GUSTAVUS A. WURDEMAN, Judge, Respondent Court of Appeals of Missouri, St. Louis April 7, 1914 ... States says, in Warner Valley Stock Co. v. Smith, ... 165 U.S. 28, 33, 41 L.Ed. 621, 17 S.Ct. 225, "The ... 720. In that case the court says, "Ever ... since Platte County Court v. McFarland, 12 Mo. 166, ... mandamus has ... ...
  • Peltzer v. Gilbert
    • United States
    • Missouri Supreme Court
    • July 14, 1914
    ... ... HUGH C. GILBERT et al., Judges of County Court" Supreme Court of Missouri July 14, 1914 ...  \xC2" ... Constitution, art. 6, secs. 1 and 36; State v ... Shortridge, 56 Mo. 126; Butler v ... Franklin Co., 48 Mo. 167; State ex ... rel. v. Harris, 96 Mo. 29. (2) So long as they act ... S. 1909; ... State ex rel. v. Smith, 5 Mo.App. 427; Meador v ... Texas County, ... ...
  • Hollowell v. Schuyler County
    • United States
    • Missouri Supreme Court
    • June 4, 1929
    ... ... Schuyler County Supreme Court of MissouriJune 4, 1929 ...           ... court is untimely. State ex rel. v. McQuillin, 246 ... Mo. 593; Estate of ... Court, 68 Mo. 29; States ex rel. Smith v. County ... Court, 83 Mo. 539; State ex rel ... ...
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