State ex rel. Grand Avenue Railway Co. v. Wood
Supreme Court of Missouri
Mandamus. (1) In so far as the decree affirmed relator’s right to the use of the tracks and to their maintenance, and prescribed the conditions of such user, it did not, in the legal sense, command anything affirmative to be done by the defendant and was therefore self-enforcing and not superseded. Aliter, as to the money judgment, the enforcement of which was superseded.
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Mandamus. (1) In so far as the decree affirmed relator’s right to the use of the tracks and to their maintenance, and prescribed the conditions of such user, it did not, in the legal sense, command anything affirmative to be done by the defendant and was therefore self-enforcing and not superseded. Aliter, as to the money judgment, the enforcement of which was superseded. Railroad v. Railroad, 105 Mo. 562; Railroad v. Railroad, 132 Mo. 47; State ex rel. v. Dillon, 96 Mo. 57. (2) The right to use the tracks in the performance of its franchise duties being vested in the relator under the…
1Opinion of the CourtGantt, J.
This is an application for an original writ of mandamus out of this court directed to the Hon*129orable Horatio D. Wood, judge of division number 6 of the circuit court of the city of St. Louis, to command him to entertain an application made by relator for an order in the nature of a writ of assistance to enforce a certain judgment made by the said circuit court in the division over which respondent presides as one of the circuit judges of said city of St. Louis, on the seventh day of February, 1896, from which the defendant in said judgment, the Citizens’ Railway Company, has appealed to this…
2Cases cited2 opinions
- State ex rel. Laclede Bank v. LewisSupreme Court of Missouri · 1882
- State ex rel. Boyington v. RansonSupreme Court of Missouri · 1885
3Cited by1 opinion
- State Ex Rel. Dean v. DouglasMissouri Court of Appeals · 1942