State ex rel. Wedeking v. McCracken
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. Wm. M. Robinson, Judge. (1) Since the act of 1887, mandamus will not lie to compel a justice of the peace to grant a change .of venue in a civil case. Laws, 1887, p. 208. Before the act of 1887, the justice’s error did not avoid his jurisdiction, and for that reason it has been held in several cases that mandamus would lie. A. & M. Ass'n v. Beineclce, 21 Mo. App. 478; Colvin v. Six, 79 Mo. 198; State ex rel. v. Clayton, 34 Mo.
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Appeal from the Jasper Circuit Court. — Hon. Wm. M. Robinson, Judge. (1) Since the act of 1887, mandamus will not lie to compel a justice of the peace to grant a change .of venue in a civil case. Laws, 1887, p. 208. Before the act of 1887, the justice’s error did not avoid his jurisdiction, and for that reason it has been held in several cases that mandamus would lie. A. & M. Ass'n v. Beineclce, 21 Mo. App. 478; Colvin v. Six, 79 Mo. 198; State ex rel. v. Clayton, 34 Mo. App. 563. It evidently follows that, since the act 'of 1887, making the justice’s error destroy his jurisdiction, the…
1Opinion of the CourtG-ill, J.
A strict enforcement of our rule 15, it may be well claimed, would result in the dismissal of this appeal. There is no such abstract of the record as that rule contemplates. It does not set forth “so much thereof as is. necessary to a full understanding of all the questions presented to this court for decision,” *653as the rule requires. We are able, however, to gather from the appellant’s “statement of the case” sufficient to warrant us in passing on the most material questions raised by appellant’s brief. We, therefore, overrule the respondent’s motion to dismiss the appea], and proceed to…
2Cases cited8 opinions
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- Gammon v. Lafayette CountySupreme Court of Missouri · 1882
- Johnson v. LattaSupreme Court of Missouri · 1884
- State ex rel. Lloyd v. ClaytonMissouri Court of Appeals · 1889
- Williams v. Chariton CountySupreme Court of Missouri · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- County of Nodaway v. KidderSupreme Court of Missouri · 1939
- Hecht v. HeimannMissouri Court of Appeals · 1899
- State ex rel. Schonhorst v. ClineMissouri Court of Appeals · 1900
- Sedgwick Furniture Co. v. CraigMissouri Court of Appeals · 1911
- O'Reilly v. HensonMissouri Court of Appeals · 1903
3 more not listed; retrieve them via the Exa API.