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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

501 chars
[1] The first question to be decided, here, is whether Perkins could proceed by mandamus. The Court of Appeals based its decision, that mandamus was not a proper remedy, upon its decision in State ex rel. Stipp v. Cornish, 223 Mo. App. 978,24 S.W.2d 667, which held in a similar situation, that, under the decision of this court en banc in State ex rel. Mitchell v. Rose,313 Mo. 369, 281 S.W. 396, mandamus would not lie because relator had an adequate remedy at law. In the Rose case this court said: