Lewis v. Price
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. I. An appeal or writ of error does not lie from an order awardirg a mandamus. 3 Bl. Com.,. 110-111; Coke. Litt.,288; 1 Strange, 536; ib. 625,628; 8 Mod., 27, 29; 3 Com. Dig.; 3 Bro. P. C., 178-506; 2 ib., 555-6; I Salk., 263; 2 ib., 503;2 Ld. Raymd., 1116,-2 Mod., 218; 2Dunlap!s Pr., 1130; 9 Mo. R., 196; 13 Wend., 130: II.
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APPEAL from St. Louis Court of Common Pleas. I. An appeal or writ of error does not lie from an order awardirg a mandamus. 3 Bl. Com.,. 110-111; Coke. Litt.,288; 1 Strange, 536; ib. 625,628; 8 Mod., 27, 29; 3 Com. Dig.; 3 Bro. P. C., 178-506; 2 ib., 555-6; I Salk., 263; 2 ib., 503;2 Ld. Raymd., 1116,-2 Mod., 218; 2Dunlap!s Pr., 1130; 9 Mo. R., 196; 13 Wend., 130: II. The appeal from the judgment of the Law Commissioner in the case of Lewis vs. Price, was improperly allowed, and the refusal of the Law Commissioner to issue an execution on said judgment subjected that officer to the compulsory…
1Opinion of the CourtScott, J.
This was a proceeding on mandamus in the Court of Common Pleas for the purpose of determining the question whether an appeal will lie on a judgment in an action of replevin in the Law Commissioner’s Court of St. Louis. After an appeal had been allowed by the Law Commissioner, he refused to issue an execution on a judgment in replevin, in his court; an application was thereupon made to the Court of Common Pleas for a mandamus compelling him to issue the execution. On an agreed state of facts a peremptory writ was awarded. From this judgment an appeal was taken. ' '
A question has been made…
2Cases cited1 opinion
- People ex rel. Dikeman v. President & Trustees of BrooklynCourt for the Trial of Impeachments and Correction of Errors · 1834
3Cited by4 opinions
- State Ex Rel. Chastain v. City of Kansas CityMissouri Court of Appeals · 1998
- State ex rel. Ciaramitaro v. City of CharlackMissouri Court of Appeals · 1984
- Bastan v. Board of TrusteesMissouri Court of Appeals · 1901
- Lilly v. MenkeSupreme Court of Missouri · 1894