Smith v. Berryman
Supreme Court of Missouri
Appeal from Iron Circuit Court. — Hon. E. M. Dearing, Judge. (1) The plaintiff brought this mandamus suit, the defendants made due return to the alternative writ, the facts were agreed upon in writing by both parties in the mandamus case and the relator filed his motion for a peremptory writ, which motion was in affect a demurrer.
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Appeal from Iron Circuit Court. — Hon. E. M. Dearing, Judge. (1) The plaintiff brought this mandamus suit, the defendants made due return to the alternative writ, the facts were agreed upon in writing by both parties in the mandamus case and the relator filed his motion for a peremptory writ, which motion was in affect a demurrer. The motion was sustained and the mandamus case, therefore, was disposed of upon a demurrer, and there is no foundation for this action as upon a false return, and defendants’ demurrer to the evidence should have been sustained. State ex rel. v. Eyan, 2 Mo.-App. 303;…
1Opinion of the CourtFaris, J.
This is an action for damages brought by plaintiff against the defendants, for that defendant Berryman, as mayor, and the other defendants as members of the city council of the city of Poplar Bluff, refused to grant to plaintiff a license to keep a dram-shop in a certain building in the city of Poplar Bluff. Upon the trial nisi plaintiff recovered judgment for the sum of $150. Prom this judgment, after the conventional motions, defendants appealed to the St. Louis Court of Appeals. Therein an opinion was written in the case by Judge Reynolds, wherein Judges Nortoni and Allen concurred. [Smith…
2Cases cited6 opinions
- Gardner v. Springfield Gas & Electric Co.Missouri Court of Appeals · 1911
- Banks v. BurnamSupreme Court of Missouri · 1875
- Ward v. GregorySupreme Court of the United States · 1833
- Columbia Knickerbocker Trust Co. v. FinneySupreme Court of Kansas · 1914
- Haber v. KlaubergMissouri Court of Appeals · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kanagawa v. State by and Through FreemanSupreme Court of Missouri · 1985
- Knorp v. ThompsonSupreme Court of Missouri · 1943
- Arata v. Monsanto Chemical CompanySupreme Court of Missouri · 1961
- Bachmann v. WelbyMissouri Court of Appeals · 1993
- Daggs v. McDermottSupreme Court of Missouri · 1931
21 more not listed; retrieve them via the Exa API.