Ward v. Cnty. Court of Cole Cnty.
| Decision Date | 31 July 1872 |
| Citation | 50 Mo. 401 |
| Parties | C. M. WARD, Respondent, v. COUNTY COURT OF COLE COUNTY, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Cole Circuit Court.
E. L. Edwards & Son, for appellant.
Ewing & Smith and Geo. T. White, for respondent.
In February, 1869, the relator was ordered by the Circuit Court of Cole county to make an index of the records of said court, which labor he performed. He presented to the court his account for the work, amounting to a little over $1,000, which was allowed, and the allowance certified to the County Court. The latter court refused to audit the account, and the relator sued out a writ of mandamus from said Circuit Court, which was made peremptory.
The substantial questions are: first, whether the Circuit Court had the right to make the order; second, whether it could fix the compensation; and, third, whether mandamus would lie.
1. I find no authority at that time to make the order. On the 14th of March, 1870, by an amendatory act concerning indexing records (Sess. Acts 1870, p. 49), the several courts of the State are authorized to procure, if needed, new indexes, but no express power existed as to the Circuit Court records previous to that time. The act of March 2, 1867 (Sess. Acts 1867, p. 108), was confined to the records of the County and Probate Courts. Counsel claim the authority from section 14 of the act concerning courts, etc. (Wagn. Stat. 420), which requires the judges of the several courts to examine and superintend their records, to require that the several dockets “and all indexes to the records be correctly made out at the proper time,” etc. This section imposes a very important duty upon the judges, but gives no authority to order new indexes to old records. It refers to the current duties of the clerk, and the judges should see at every term that they are thoroughly performed.
2. Even if the Circuit Court had power to direct new indexes to be made, it has no power to fix the compensation. The act of 1867, above referred to as amended, still leaves the compensation to be audited and paid by the County Court; and if there were no provisions on the subject, the County Court, by virtue of its general powers and duties in regard to claims against the county, is the proper body to which the claim for compensation should be presented. If this be so, then,
3. Mandamus will not lie. If the Circuit Court, by its order, had authority to fix the compensation, so as to...
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State ex rel. Gentry v. Becker, 38447.
...in an action at law may arise. It does not lie to establish, but only to enforce a claim. Mansfield v. Fuller, supra; Ward v. Cole County Court, 50 Mo. 401; State ex rel. v. Marshall, 82 Mo. 484; State ex rel. v. County Court of Cape Girardeau County, 109 Mo. 248; State ex rel. v. Houston, ......
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State ex rel. Gentry v. Becker
... ... Louis, Missouri, Appellants No. 38447 Supreme Court of Missouri July 6, 1943 ... ... Mansfield v. Fuller, supra; Ward ... v. Cole County Court, 50 Mo. 401; State ex rel. v ... ...
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Perkins v. Burks
...remedy to compel the payment of an account when there is a fact issue to be determined see Mansfield v. Fuller, 50 Mo. 338; Ward v. Cole County Court, 50 Mo. 401; State rel. Patterson v. Marshall, 82 Mo. 484; State ex rel. Carroll v. County Court of Cape Girardeau County, 109 Mo. 248, 19 S.......
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Perkins v. Burks, 33408.
...remedy to compel the payment of an account when there is a fact issue to be determined see Mansfield v. Fuller, 50 Mo. 338; Ward v. Cole County Court, 50 Mo. 401; State ex rel. Patterson v. Marshall, 82 Mo. 484; State ex rel. Carroll v. County Court of Cape Girardeau County, 109 Mo. 248, 19......