State v. Lusk

• Decision Date: 07 April 1902
• Citation: 67 S.W. 711,93 Mo. App. 680
• Parties: STATE ex rel. BUSH v. LUSK et al.
• Court: Missouri Court of Appeals

67 S.W. 711

93 Mo. A. 680

STATE ex rel. BUSH v. LUSK et al.

Court of Appeals of Kansas City, Missouri.

April 7, 1902.

MANDAMUS — APPEAL — FINDINGS — ABSENCE OF EXCEPTIONS — REVIEW.

Rev. St. § 695, enacts that on trial of a question of fact to the court the court need not state its finding specially unless a party request it with a view to excepting to the decision of the court on the questions of law or equity arising in the case. Held, that where, in mandamus, the court made a special finding, and on appeal no exceptions were taken and no bill of exceptions made, but relator merely copied the finding, it being no part of the record, it could not be reviewed.

Appeal from circuit court, Cooper county; James E. Hazell, Judge.

Mandamus by the state, on the relation of Anthony Bush, to compel William Lusk and others, constituting the board of directors of school district No. 6, townships 45 and 46, range 18, Cooper county, to recognize certain territory as part of the district, and to include the names of certain colored children in their school enumeration for the scholastic year of 1901-1902, and to establish and maintain a colored school in said district for said scholastic year. From a judgment for defendants, relator appeals. Affirmed.

W. G. & G. T. Pendleton, for appellant. C. D. Corum, for respondents.

BROADDUS, J.

This is a proceeding by mandamus against the defendants, comprising the board of directors of school district No. 6, townships 45 and 46, range 18, Cooper county, to compel them to recognize certain territory as part of said district, and to include the names of certain colored children in their school enumeration for the scholastic year of 1901-1902, and to establish and maintain a colored school in said district for said scholastic year. On the 28th of October, 1901, relator filed his petition asking for a writ of mandamus, on which day the court issued an alternative writ in the usual form, to which the respondents, on the 4th day of November following, made return, putting in issue all the allegations of the writ except the admission that they constituted the board of directors for said school district. At the term of court then pending the court heard the case, and made a special finding, rendering judgment thereon, from which the relator appealed. No exceptions were taken by relator to the action of the court, and no bill of exception made out and signed by the judge was ever filed. The relator has copied the special...