State ex rel. People's Railway Co. v. Talty
Supreme Court of Missouri
Mandamus. (1) The right of Clark and Campbell was capable of being contested, and the .judgment involved issues of law and facts. State ex rel., etc., v. Sportsman’s Park Ass’n, 29 Mo. App. 329; High on Extr. Legal Rem. [3 Ed.], sec. 310; 1 Morawetz on Priv. Corp. [2 Ed.], sec. 473; Merrill on Mandamus, sec. 161; 19 Am. and Eng.
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Mandamus. (1) The right of Clark and Campbell was capable of being contested, and the .judgment involved issues of law and facts. State ex rel., etc., v. Sportsman’s Park Ass’n, 29 Mo. App. 329; High on Extr. Legal Rem. [3 Ed.], sec. 310; 1 Morawetz on Priv. Corp. [2 Ed.], sec. 473; Merrill on Mandamus, sec. 161; 19 Am. and Eng. Eney. of Law, 231, par. 2. (2) An appeal lies from a judgment awarding or denying a peremptory writ of mandamus even if the proceeding before defendant were deemed such a proceeding. State ex rel. Laclede Bank v. Letvis, 76 Mo. 370; State ex rel. v. Horner, 10 Mo.…
1Opinion of the CourtRobinson, J.
This is a proceeding by mandamus instituted at the relation of the People’s Railway Company of St. Louis, to compel respondent, one-of the judges of the circuit court for the city of St. Louis, to allow an appeal from an order made by said court upon its receiver in charge of the books and property of the relator, permitting an examination of the .books of the corporation to certain of its stockholders.
The facts out of which these proceedings grew are thus briefly stated:
On April 16, 1897, one Lewis M. Rumsey, as relator, instituted proceedings against the relator herein, the People’s Railway…
2Cited by9 opinions
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- VIRGINIA ASSOCIATION OF INS. AGENTS v. CommonwealthSupreme Court of Virginia · 1959
- American Petroleum Exchange v. Public Service CommissionMissouri Court of Appeals · 1943
- Shock v. BerryMissouri Court of Appeals · 1926
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