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75 Mo. App. 561

Tyler v. Township Board

Missouri Court of Appeals

Decided May 16, 1898

Missouri Court of Appeals · decided 1898-05-16

D. P. Stratton, Judge. (1) The statutory right of appeal is an absolute right. 2 Ency. of PI. and Pr., sec. 4, p. 21, note 5. All that appellant is required to do is to file his affidavit and bond. Townsend v. Timmonds, 44 Ark. 482; Moore v. Randolph, 52 Ala. 530. (2) Where the statutory right of appeal is denied mandamus will lie to compel its allowance. McCreary v. Rogers, 35 Ark. 289; Ware v. McDonnell, 62 Ala. 81; Wilks v. Hunt, 4 Wash. 100; Dillon on Mun.

Cited by 1 later decisions — most recently March 1921

1 state decisions

Relies on State ex rel. Wheeler v. McAuliffe

Good law ✅— No negative treatment on recordhow we know

Afpirmed · Decided 1898-05-16

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Gill, J. —

¶1Tyler, the appellant, brought mandamus against the respondents to compel them, as the township board, to grant him an appeal in a proceeding, to open a public road across said appellant’s land. At the hearing before the circuit court the writ was denied and Tyler appealed.

¶2It is clear that mandamus should not -be granted in a case like this. Mandamus will not lie where the *563complaining party has another adequate and specific remedy. Here the appellant had such specific remedy. The statute provides, that where the township board “fails to allow'an áppeal in the cause when the same ought to be allowed … the circuit court, or other court having jurisdiction of Such appeal, or judge thereof in vacation, on such fact satisfactorily appearing, may, by rule and attachment, compel such board or other officer to allow the same,” etc. R. S. 1889, sec. 8518..

¶3This is, in substance, the same provision that appears in the statute for appeals from justices of the peace (section 6333), and that has been held such a remedy as denies the resort to mandamus. State ex rel. v. McAuliffe, 48 Mo. 112.

¶4In view, then, of this well settled principle it becomes unnecessary to discuss other questions. The judgment of the lower court will be affirmed.

All concur.
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