Castello v. St. Louis Circuit Court
Supreme Court of Missouri
Application for Mandamus. This was an application to the supreme court for a mandamus directed to the St. Louis circuit court. The following is the petition for the mandamus : “ To the honorable the judges of the supreme court of Missouri — October term, 1858 — the petition of James Cas-tello is respectfully submitted.
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Application for Mandamus. This was an application to the supreme court for a mandamus directed to the St. Louis circuit court. The following is the petition for the mandamus : “ To the honorable the judges of the supreme court of Missouri — October term, 1858 — the petition of James Cas-tello is respectfully submitted. Your petitioner states that at the late general election in and for St. Louis county, Missouri, held on the first Monday in August, 1858, being the second day of said month, he was duly and legally elected and chosen sheriff of the said county of St. Louis according, to the…
1Opinion of the CourtNapton, Judge
Upon the facts disclosed in the petition in this case for a mandamus upon the circuit court, a majority of this court determined that a conditional mandamus should be awarded, and it was accordingly so ordered. This determination was based upon the principle that where an inferior judicial tribunal declines to hear a case upon what is termed a preliminary objection, and that objection is purely a matter of law, a mandamus will go, if the inferior court has misconstrued the law. The cases of the King v. The Justices of the First Riding of Yorkshire, 5 Barn. & Adol. 667, and Rex v. The Justices…
2Cited by34 opinions
- Floyd v. District Court of the Sixth Judicial DistrictNevada Supreme Court · 1913
- Raleigh v. First Judicial District CourtMontana Supreme Court · 1900
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- State ex rel. Dobbins v. SutterfieldSupreme Court of Missouri · 1873
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
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