State ex rel. Priddy v. Gibson
Supreme Court of Missouri
Mandamus. (1) After the time had expired within which plaintiffs were given to file their bills of exceptions, respondent’s act in signing the bills of exceptions was a nullity, unless he did so in pursuance of an order of this court; hence, it is no defense to this action that respondent signed the bills of exception during the month of December, 1904. “Counsel cannot confer jurisdiction.”
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Mandamus. (1) After the time had expired within which plaintiffs were given to file their bills of exceptions, respondent’s act in signing the bills of exceptions was a nullity, unless he did so in pursuance of an order of this court; hence, it is no defense to this action that respondent signed the bills of exception during the month of December, 1904. “Counsel cannot confer jurisdiction.” Bank v. Barker, 145 Mo. 367; State ex rel. v. Gates, 143 Mo. 63; State v. Schuchmann, 133 Mo. Ill; State v. Simmons, 124 Mo. 443; State v. Britt, 117 Mo. 584; State v. Moseley, 116 Mo. 545; State v.…
1Opinion of the Court
LAMM, J. —
Original mandamus, instituted here on December 29, 1904; alternative writ, with rule to show cause on January 3, 1905, issued on same day, and served on respondent December 31, 1904.
On respondent’s making return, relators filed their motion for judgment on the pleadings, and thereby an issue at law is joined for determination.
Such issue demands a summary of the material allegations pro and con, in the making of which, as appears in due course, our labors are lightened because of certain issues settled in a former case in this court between the same relators on one side and the same…
2Cases cited39 opinions
- Cox v. HillyerSupreme Court of Georgia · 1880
- People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
- State ex rel. Kelleher v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1896
- Hice v. OrrWashington Supreme Court · 1896
- State ex rel. Cosgrove v. PerkinsSupreme Court of Missouri · 1897
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3Cited by20 opinions
- State ex rel. Porter v. HudsonSupreme Court of Missouri · 1910
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
- Teeple v. State ex rel. BowerIndiana Supreme Court · 1908
- Miles v. ClarkCalifornia Court of Appeal · 1919
- State ex rel. Crandall v. McIntoshSupreme Court of Missouri · 1907
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