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STATE v. KELLY

No. 50019.

377 S.W.2d 328 (1964)

STATE of Missouri ex rel. ST. LOUIS COUNTY, Missouri, Respondent, v. Robert C. KELLY, Constable for the Third Constable District, St. Louis County, Missouri, Appellant.

Supreme Court of Missouri, Division No. 1.

April 13, 1964.

Attorney(s) appearing for the Case

George E. Murray, Clayton, for appellant.

Norman C. Parker, St. Louis County Counselor, Joseph B. Moore, Asst. County Counselor, for respondent.

COIL, Commissioner.

In February 1958 the state at the relation of St. Louis County filed a petition for a writ of mandamus against Robert C. Kelly as the constable for the third constable district of St. Louis County. We shall sometimes herein refer to relator as "county" and to respondent below as "the constable." The petition for the writ averred, inter alia, that certain county ordinances required the constable to pay into the county treasury money which had come...

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