STATE v. CAPPS

No. 50498.

381 S.W.2d 852 (1964)

The STATE of Missouri, at the relation of Clarence A. POWELL, Appellant-Respondent, v. John M. CAPPS, President and Member of the Board of Supervisors of the Mingo Drainage District, a Public Corporation, H. C. Cookson, William Lewis and A. J. Johnston, Members of the Board of Supervisors of the Mingo Drainage District, a Public Corporation, and T. D. Shoemate, Secretary of the Board of Supervisors of the Mingo Drainage District, a Public Corporation, Respondents-Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing and to Transfer Denied September 14, 1964.


Attorney(s) appearing for the Case

C. A. Powell, Powell, Jones & Ringer, Dexter, for relator-appellant.

Briney & Welborn, Joe Welborn, James E. Spain, Elvis A. Mooney, Claude Arnold, Dexter, James L. Hawkins, St. Louis, for respondents-appellants, John M. Capps, et al.


Motion for Rehearing and to Transfer to Court En Banc Denied September 14, 1964. September 14, 1964.

STOCKARD, Commissioner.

This is an appeal in a proceeding for mandamus whereby relator seeks to require the last board of supervisors of Mingo Drainage District (hereafter referred to as "Mingo" or the "district") to levy a tax to obtain funds with which to pay certain portions of a judgment obtained by him against the district.

Mingo was organized...

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