Bastan v. Board of Trustees
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.- — Hon. Franklin Ferris, Judge. Was the denial by the court, of the petition for .the writ, a final judgment from which an appeal may be taken to this court ? Under the English authorities it appears that an appeal will not lie in such a case, but the rule in this country is contra to the English rule and by the weight of authorities the courts of the United States have held that an order of the court refusing to issue the writ is a…
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Appeal from St. Louis City Circuit Court.- — Hon. Franklin Ferris, Judge. Was the denial by the court, of the petition for .the writ, a final judgment from which an appeal may be taken to this court ? Under the English authorities it appears that an appeal will not lie in such a case, but the rule in this country is contra to the English rule and by the weight of authorities the courts of the United States have held that an order of the court refusing to issue the writ is a final order in the nature of a final judgment, from which an appeal or writ of error will lie. In Morris, Ex parte, 11…
1Opinion of the CourtGoode, J.
This is an appeal from an order of the circuit court denying the appellant’s application for an alternative writ of mandamus against the respondents to compel them to direct the payment to her of a sum of money alleged to be due and owing to her from the Firemen’s Fund gs the widow of Matthew Buchanan, a deceased fireman. An appeal lies from a judgment awarding and refusing a peremptory mandamus. Lewis v. Price, 11 Mo. 398; State ex rel. v. Horner, 10 Mo. App. 307. The law in this State is that it will not lie from a judgment denying an alternative writ. Shrever v. Livingston, 9 Mo. 196; Ex…
2Cases cited5 opinions
- State ex rel. Albers v. HornerMissouri Court of Appeals · 1881
- Ex parte SkaggsSupreme Court of Missouri · 1854
- Franciscus v. MartinSupreme Court of Missouri · 1845
- Lewis v. PriceSupreme Court of Missouri · 1848
- Menown v. CrawfordMissouri Court of Appeals · 1881
3Cited by3 opinions
- State Ex Rel. Brandon v. HickeyMissouri Court of Appeals · 1970
- State ex rel. Ciaramitaro v. City of CharlackMissouri Court of Appeals · 1984
- Baker v. St. Francis Levee DistrictMissouri Court of Appeals · 1980