State ex rel. Klotz v. Ross
Supreme Court of Missouri
Mandamus. (1) Mandamus is a proper remedy to test the right of relator to the possession of the property committed to his charge by the Stoddard court as its executive officer, or its hand; and more especially is this true under circumstances of a case where the contest is between two courts of co-ordinate jurisdiction involving priority of right and over which this court alone by the terms of the constitution has supervising and superintending control.
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Mandamus. (1) Mandamus is a proper remedy to test the right of relator to the possession of the property committed to his charge by the Stoddard court as its executive officer, or its hand; and more especially is this true under circumstances of a case where the contest is between two courts of co-ordinate jurisdiction involving priority of right and over which this court alone by the terms of the constitution has supervising and superintending control. Com. v. Denison, 24 How. 66; Lagrange v. State Treasurer, 24 Mich. 468; Tawas v. Bailroad, 44 Mich. 479; State v. Baggott, 96 Mo. 71;…
1Opinion of the CourtGantt, J.
This is an original proceeding in this court to obtain a peremptory writ of mandamus commanding the above named respondents to deliver to the relator, Eli Klotz, all and singular the railway property, effects and credits of the St. Louis, Cape Girardeau & Fort Smith Railway, a railroad organized under the laws of this state, and running from the city of Cape Girardeau westward to a point in Carter county, Missouri, about'one hundred miles in length.
Upon an application filed in this court on March 16, 1893, an alternative writ issued to the respondents to show cause, on March 25, 1893, why a…
2Cases cited15 opinions
- Dunn v. StateSupreme Court of Arkansas · 1840
- Brumley v. StateSupreme Court of Arkansas · 1859
- State ex rel. Hyatt v. SmithSupreme Court of Missouri · 1891
- Harbor v. Pacific RailroadSupreme Court of Missouri · 1862
- Van Dyke v. StateSupreme Court of Alabama · 1853
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3Cited by17 opinions
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
- Matter of Reynolds v. CropseyNew York Court of Appeals · 1925
- Stahl v. Board of SupervisorsSupreme Court of Iowa · 1920
- Carr v. DuhmeIndiana Supreme Court · 1906
- State Ex Rel. Gregory v. HendersonMissouri Court of Appeals · 1935
12 more not listed; retrieve them via the Exa API.