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
- Original Source
- https://www.courtlistener.com/opinion/3548040/perkins-v-burks/ ↗
Other Sections in This Document (22)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
- Perkins v. Burks, 78 S.W.2d 845 (1934)
Full Text
884 chars[2] It is, of course, also true that mandamus is a discretionary writ and not a writ of right. Its issuance by this court, in a controversy as to which fixed amount of salary applies to a certain officer, is usually put upon some such ground as stated in State ex rel. Moss v. Hamilton, supra, where it is said: "This court exercised its discretion in favor of issuing the alternative writ, because the decision of the matter was one of public importance, and because there were many other circuit clerks similarly situated." [See, also, State ex rel. Brunjes v. Bockelman, supra.] If it is proper for this court in the exercise of its discretion to proceed by mandamus to settle such an issue, the same thing is true of the circuit court. We, therefore, hold that it was within the discretion and authority of the Circuit Court of McDonald County to proceed in this case by mandamus.