State ex rel. Mary Frances Realty Co. v. Homer
Missouri Court of Appeals
Original Proceeding by Mandamus. (1) Mandamus is tbe proper remedy. State ex rel. y. Grimm, 220 Mo. 489. (2) The case was properly certified- by the justice to the circuit court. Sec. 3951', Revised Statutes 1899; Kelly’s Justices’ Jurisdiction, sec. 81. (3), There is no other adequate remedy accessible to petitioner, there being no final judgment in the case, from which an appeal could be taken. Boggess v. Cox, 48 Mo. 278; Bick v. Umstattd, 137 Mo.
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Original Proceeding by Mandamus. (1) Mandamus is tbe proper remedy. State ex rel. y. Grimm, 220 Mo. 489. (2) The case was properly certified- by the justice to the circuit court. Sec. 3951', Revised Statutes 1899; Kelly’s Justices’ Jurisdiction, sec. 81. (3), There is no other adequate remedy accessible to petitioner, there being no final judgment in the case, from which an appeal could be taken. Boggess v. Cox, 48 Mo. 278; Bick v. Umstattd, 137 Mo. App. 270; Cooper Wagon Co. v. Cornell, 131 Mo. .App. 344; Lyons and Reesman v. Rollinson, 109 Mo. App. 68;'Crockett v. Lewis, 66 Mo. 671; State…
1Opinion of the CourtNortoni, J.
This is an original proceeding in mandamus instituted in this court. An alternative *327writ was issued aud for return thereto the respondent filed a demurrer on which pleading the matter is to be determined. '
It appears the respondent, Hon. William B. Homer, is a judge of the circuit court of the city of St. Louis and presides oyer Division No. 4 of that court. Having dismissed a. case in which relator was plaintiff and Frank O. Deckmeyer was defendant as though the court over which he presided had no. jurisdiction to proceed therewith, the present application for mandamus is to the end of…
2Cases cited11 opinions
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- State ex rel. Dobbins v. SutterfieldSupreme Court of Missouri · 1873
- Gale v. MichieSupreme Court of Missouri · 1871
- State ex rel. Union Electric Light & Power Co. v. GrimmSupreme Court of Missouri · 1909
- Williams v. Judge of the Cooper Court of Common PleasSupreme Court of Missouri · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Richards Brick Co. v. WrightMissouri Court of Appeals · 1935
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- State Ex Rel. Kelley v. MitchellSupreme Court of Missouri · 1980
- Staab v. ThoresonMissouri Court of Appeals · 1979
- Wolford v. ScarbroughMissouri Court of Appeals · 1929
2 more not listed; retrieve them via the Exa API.