State ex rel. Union Electric Light & Power Co. v. Grimm
Supreme Court of Missouri
Mandamus. (1) The refusal of the trial court to pass upon the demurrer was a refusal to exercise jurisdiction conferred upon it by law, which it is compellable to exercise. If the demurrer was a proper pleading, this relator had a clear legal right to file it, and the refusal of the trial court to consider it was a refusal to exercise jurisdiction. Under these facts mandamus is the proper remedy.
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Mandamus. (1) The refusal of the trial court to pass upon the demurrer was a refusal to exercise jurisdiction conferred upon it by law, which it is compellable to exercise. If the demurrer was a proper pleading, this relator had a clear legal right to file it, and the refusal of the trial court to consider it was a refusal to exercise jurisdiction. Under these facts mandamus is the proper remedy. State ex rel. v. Smith, 172 Mo. 446; State ex rel. v. Smith, 172 Mo. 618; State ex rel. v. Broaddus, 210 Mo. 1; State ex rel. v. Neville, 157 Mo. 386; State ex rel. v. Dearing, 173 Mo. 510: (2) The…
1Opinion of the CourtGantt, J.
This is an original proceeding in this court to obtain a Writ of mandamus against the respondent, one of the judges of the circuit court of the city of St. Louis, requiring him to set aside and annul an order made by the court over which he presided, striking from the files a demurrer filed by the relator to an information filed against it by the circuit attorney of the city of St. Louis, and to reinstate said demurrer and to proceed to consider and determine the samé in accordance with law. To this application there has been filed a demurrer by Judge Grimm.
Briefly stated the alternative writ…
2Cases cited13 opinions
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Town of Enterprise v. State ex rel. Attorney-GeneralSupreme Court of Florida · 1892
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- State ex inf. Walker v. Equitable Loan & Investment Ass'nSupreme Court of Missouri · 1898
- People ex rel. Palmer v. WoodburyCalifornia Supreme Court · 1859
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914
- State Ex Inf. Miller v. St. Louis Union Trust Co.Supreme Court of Missouri · 1934
- State ex rel. Union Electric Light & Power Co. v. ReynoldsSupreme Court of Missouri · 1914
- State Ex Inf. McKittrick v. WileySupreme Court of Missouri · 1942
- State ex inf. Barker v. Armour Packing Co.Supreme Court of Missouri · 1915
9 more not listed; retrieve them via the Exa API.