State ex rel. Lloyd v. Clayton
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. (1) The trial court erred in giving other relief than that specifically asked for. School Hist. ». Landerbaugh, 80 Mo. 190 ; State ex rel. v. Railroad, 77 Mo. 143 ; State ex rel. v. Holladay, .65 Mo. 76. (2) Relator is entitled to mandamus against defendant. High on Ex. Leg.
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Appeal from the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. (1) The trial court erred in giving other relief than that specifically asked for. School Hist. ». Landerbaugh, 80 Mo. 190 ; State ex rel. v. Railroad, 77 Mo. 143 ; State ex rel. v. Holladay, .65 Mo. 76. (2) Relator is entitled to mandamus against defendant. High on Ex. Leg. Rem., sec. 239, et seq., p. 183 ; State ex rel. v. The Cape Girardeau Court of Common Pleas, 73 Mo. 560; Harper v. Baker, 9 Mo. 116 ; Colvin v. Six, 79 Mo. 198; St. Louis County Court v. Sparks, 10 Mo. 117. Granting a change of venue is a ministerial act…
1Opinion of the CourtSmith, P. J.
This was a proceeding by mandamus against a justice of the peace to compel him to allow a change of venue and note the fact on his docket, in a certain civil action pending be for e him. The very meager abstract which has been filed in this case shows that: On the twenty-third day of February, 1888, there was pending’ and set for trial a civil cause before J. T. Clayton, a justice of the peace of Kaw township, Jackson county, Missouri, wherein Laura M. Lloyd was plaintiff, and J. T. Cruikshank was defendant; that on that day defendant filed a motion before said justice to require plaintiff to…
2Cases cited15 opinions
- McCabe v. LewisSupreme Court of Missouri · 1882
- Corpenny v. City of SedaliaSupreme Court of Missouri · 1874
- School District No. 11 v. LauderbaughSupreme Court of Missouri · 1883
- State ex rel. Laclede Bank v. LewisSupreme Court of Missouri · 1882
- State ex rel. Huey v. Cape Girardeau Court of Common PleasSupreme Court of Missouri · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State ex rel. Miller v. Superior CourtWashington Supreme Court · 1905
- STATE EX REL. KANSAS CITY S. RY. CO. v. NixonSupreme Court of Missouri · 2009
- State ex rel. Kansas City Auditorium Co. v. AllenMissouri Court of Appeals · 1891
- State ex rel. Gleim v. EvansMontana Supreme Court · 1893
- State ex rel. Wedeking v. McCrackenMissouri Court of Appeals · 1895
8 more not listed; retrieve them via the Exa API.