State ex rel. Knisely v. Holtcamp
Supreme Court of Missouri
Mandamus. (1) The decision of the Supreme Court and the judgment of the circuit court entered in pursuance of the mandate of the Supreme Court legally established petitioner’s demand against the 'Leathe estate, and also declared the right of petitioner to the classification of her judgment in the fifth class.
Read the full summary
Mandamus. (1) The decision of the Supreme Court and the judgment of the circuit court entered in pursuance of the mandate of the Supreme Court legally established petitioner’s demand against the 'Leathe estate, and also declared the right of petitioner to the classification of her judgment in the fifth class. Knisely v. Leathe, 178 S. W. 453; Knisely v. Leathe, .256 Mo. 363; R. S. 1899, secs. 190, 208. The statutory duty of the respondent to entertain the application of petitioner and to classify her judgment was imperative and clear and the refusal of respondent denied to the petitioner a…
1Opinion of the CourtRevelle, J.
This cause enters our portals as no stranger. Our acquaintance covers a period of years and extends to all of its ramifications. It has been here twice on appeal and several times on applications for original writs. It seems to possess one quality of Banquo’s ghost. It came here first upon a demurrer to the petition, involving principally a question of limitation and the character of the instrument sued upon. [Knisely v. Leathe, 256 Mo. 341.] The cause was reversed and remanded to be retried in accordance with the views there expressed. Upon retrial a verdict for the defendant was returned…
2Cases cited44 opinions
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- In Re HohorstSupreme Court of the United States · 1893
- Merced Mining Co. v. FremontCalifornia Supreme Court · 1857
- State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
39 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Edwin O. Bookwalter, District Director of Internal Revenue v. Maude H. Lamar, Personally and as of the Estate of Frederick C. Lamar, DeceasedCourt of Appeals for the Eighth Circuit · 1963
- State Ex Rel. Keystone Laundry & Dry Cleaners, Inc. v. McDonnellSupreme Court of Missouri · 1968
- Mann v. Bank of GreenfieldSupreme Court of Missouri · 1929
- Rawlings v. RawlingsSupreme Court of Missouri · 1933
- Wyatt v. Stillman InstituteSupreme Court of Missouri · 1924
22 more not listed; retrieve them via the Exa API.