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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Perkins v. Burks, 78 S.W.2d 845 (1934)

Citation
Perkins v. Burks, 78 S.W.2d 845 (1934)
Parent Document
Perkins v. Burks, 78 S.W.2d 845 (1934)
Jurisdiction
Missouri (state)
Effective Date
1934-12-21

Full Text

1,334 chars
This is a proceeding in mandamus in the Circuit Court of McDonald County by Herbert Perkins, as petitioner and relator, against the judges of the county court of McDonald County, seeking to compel them to issue warrants for $437.43, for the balance of the salary claimed to be due him from January to December, 1931. On behalf of the county judges, a motion was filed to quash the alternative writ on the ground, among others, that Perkins had a full and adequate remedy at law. The same proposition was again raised by their return to the writ. Upon a hearing the writ was made absolute and appeal was taken by the county judges (hereinafter referred to as appellants), to this court. This court held it was without jurisdiction and transferred the case to the Springfield Court of Appeals. [Perkins v. Burks, 61 S.W.2d 756.] The Springfield Court of Appeals held that Perkins had adequate legal remedies and reversed the judgment without prejudice to plaintiff to pursue his remedy at law. [Perkins v. Burks, 64 S.W.2d 712.] The Springfield Court of Appeals, however, deemed its decision in conflict with the decision of the Kansas City Court of Appeals in State ex rel. Sunderwirth v. Harper, 225 Mo. App. 254,30 S.W.2d 1039, and certified the case to this court under the provisions of Section 6, Constitutional Amendment of 1884.