State ex rel. Wheeler v. McAuliffe
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Our statute concerning proceedings in justices’ courts, ■which provides that a justice may be compelled to grant an appeal by rule and attachment when the circuit judge is satisfied that an appeal ought to be allowed, does not deprive the court of its power to proceed by mandamus, which it always possessed (Trustees, etc., v. Johnson, 2 Ired. 219; Tapping on Mandamus, 281, 289, and cases cited), because: (1) There is nothing in the act…
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Appeal from St. Louis Circuit Court. I. Our statute concerning proceedings in justices’ courts, ■which provides that a justice may be compelled to grant an appeal by rule and attachment when the circuit judge is satisfied that an appeal ought to be allowed, does not deprive the court of its power to proceed by mandamus, which it always possessed (Trustees, etc., v. Johnson, 2 Ired. 219; Tapping on Mandamus, 281, 289, and cases cited), because: (1) There is nothing in the act showing that the rule on the justice is a rule nisi, for the rule is granted only after the judge is satisfied that an…
1Opinion of the CourtWasher, Judge
The relators filed their petition in the Circuit Court, praying that a mandamus might issue against the respondent, who was a justice of the peace in St. Louis county, to compel him to grant an appeal in certain cases which had been decided by him, and in which the relators were parties. Respondent answered, and upon trial of the issues of fact a verdict was rendered for the relators, upon which judgment was entered. Respondent then filed his motion in arrest of judgment, for the following reasons: First, that the pleadings and alternative writ issued herein do not disclose any case…
2Cases cited2 opinions
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
- Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
3Cited by10 opinions
- State v. County CourtWest Virginia Supreme Court · 1890
- State Ex Rel. Kelley v. MitchellSupreme Court of Missouri · 1980
- State ex rel. City of New Orleans v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1885
- State ex rel. Phelan v. EngelmannSupreme Court of Missouri · 1885
- Armstrong v. County Court of Taylor CountyWest Virginia Supreme Court · 1903
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