Section 14.24 Hearing

• Library: App Ct Prac 2015 Supp

E. (§14.24) Hearing

Quo warranto may be filed in the circuit court, the court of appeals, or the Supreme Court. The circuit judge may hear the evidence but, when the action is filed directly in the court of appeals or the Supreme Court, a master is normally appointed to hear evidence and to report to the court. This report is not binding on the court. The master can only recommend findings of fact and conclusions of law and judgment. The court finds its own facts, draws its own conclusions, and from this arrives at its own decision and judgment. See State ex inf. Dalton v. Riss & Co., 335 S.W.2d 118 (Mo. banc 1960); State on inf. Connett v. Madget, 297 S.W.2d 416 (Mo. banc 1956); State ex inf. Dalton v. Mosley. 286 S.W.2d 721 (Mo. banc 1956); State ex inf. Miller v. St. Louis Union Trust Co., 74 S.W.2d 348 (Mo. banc 1934).

But it should be kept in mind that the court will give considerable weight to the report of the master and defer to his or her...