State ex rel. Stipp v. Cornish

Decision Date30 July 1929
Docket NumberNo. 27733.,27733.
Citation19 S.W.2d 294
PartiesSTATE ex rel. STIPP v. CORNISH, County Judge, et al.
CourtMissouri Supreme Court

Appeal from Circuit Court, Newton County; Chas. L. Henson, Judge.

Mandamus action by the State, on the relation of N. P. Stipp, against J. S. Cornish and others, Judges of the County Court of Newton County. A peremptory writ was denied, and relator appeals. Case transferred to Court of Appeals.

Thomas M. Saxton, of Neosho, for relator. Justin Ruark, of Neosho, for respondents.

GANTT, J.

Mandamus. Action in the circuit court of Newton county against the judges of the county court of said county to compel them to issue a warrant in favor of relator on the county treasurer for $1,000, claimed to be due him for services as county clerk.

Peremptory writ was denied, and an appeal granted to this court.

Newton county is not a party to the record, and, for that reason, we are without authority to review this proceeding. Section 12, art. 6, Const.

The question was ruled in State to the Use of Nee v. Gorsuch et al., Judges, 303 Mo. 295, 260 S. W. 455.

The case should be transferred to the Springfield Court of Appeals. It is so ordered.

All concur.

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7 cases
  • State ex rel. Town of Olivette v. American Tel. & Tel. Co., 44117
    • United States
    • Missouri Supreme Court
    • 13 d1 Dezembro d1 1954
    ...and the appeal is not, for this reason, in this court. Village of Grandview v. McElroy, 318 Mo. 135, 298 S.W. 760; State ex rel. Stipp v. Cornish, Mo., 19 S.W.2d 294. The appellants assert that jurisdiction is in this court for the additional reason that the respondents have raised a consti......
  • Turner v. Calvert, 46391
    • United States
    • Missouri Supreme Court
    • 14 d1 Julho d1 1958
    ... ... * * * ... '(d) The points relied on shall briefly and concisely state what actions or rulings of the Court are claimed to be erroneous and ... ...
  • Perkins v. Burks
    • United States
    • Missouri Supreme Court
    • 12 d1 Junho d1 1933
    ... ... Special Road District (Mo. Sup.) 52 S.W.2d 856; ... State ex rel. Consolidated School District v ... Ingram. 317 Mo. 1141, 298 ... Gorsuch, 303 Mo ... 295, 260 S.W. 455; State ex rel. Stipp v. Cornish (Mo ... Sup.) 19 S.W.2d 294; Dietrich v. Brickey, 327 ... ...
  • State ex rel. Heath v. County Court for New Madrid County, 46500
    • United States
    • Missouri Supreme Court
    • 8 d1 Junho d1 1959
    ...an order or judgment denying a writ of mandamus against county judges when the county is not a party to the record. State ex rel. Stipp v. Cornish, Mo., 19 S.W.2d 294; Perkins v. Burks, Mo., 61 S.W.2d 756; Village of Grandview of Jackson County v. McElroy, 318 Mo. 135, 298 S.W. 760. There i......
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