State ex rel. Allen v. Judges of the St. Louis Circuit Court
Supreme Court of Missouri
Petition for Mandamus. I. The Supreme Court should grant a writ of mandamus where there is no other legal remedy or means of enforcing a right which the applicant is legally and equitably entitled to, and which is legally demandable of the person to whom the writ is directed — Tap. on Mand. 29. II.
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Petition for Mandamus. I. The Supreme Court should grant a writ of mandamus where there is no other legal remedy or means of enforcing a right which the applicant is legally and equitably entitled to, and which is legally demandable of the person to whom the writ is directed — Tap. on Mand. 29. II. The Circuit Court, in this case, by refusing to grant a motion to enter judgment in accordance with the mandate of the Supreme Court, has subjected itself to a writ of mandamus commanding them to do so — the same being a proper motion and in accordance with the chancery practice — 7 Paige Ch. 108.…
1Opinion of the CourtHolmes, Judge
This is a petition for a mandamus upon the St. Louis Circuit Court. It is stated that upon the filing of the mandate .from this court in the case of Allen v. Berry et al., 40 Mo. *578282, the petitioner moved the Circuit Court for judgment in said cause according to the decision of this court; that the motion made at the special term was reserved for a hearing at the general term, and was certified back with instructions to deny the same, and that thereupon he renewed his motion at the special term, and the same was overruled; wherefore he prays a mandamus to said court to compel them to…
2Cases cited7 opinions
- Conran v. SellewSupreme Court of Missouri · 1859
- Tramell v. AdamSupreme Court of Missouri · 1828
- Miner v. MedburyWisconsin Supreme Court · 1859
- Cartmill v. HopkinsSupreme Court of Missouri · 1830
- Knowles v. MercerSupreme Court of Missouri · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Denny v. GuytonSupreme Court of Missouri · 1931
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Hurck v. ErskineSupreme Court of Missouri · 1872
- Shroyer v. NickellSupreme Court of Missouri · 1878
- Holden v. VaughanSupreme Court of Missouri · 1877
4 more not listed; retrieve them via the Exa API.