Gardner v. Springfield Gas & Electric Co.
Missouri Court of Appeals
Appeal from. Greene Circuit Court. — Hon. G. W. Goad, Special Judge. (T) That mandamus judgment is conclusive only on application for an alias writ, or in compelling performance of mandate or in punishing for disobedience, see People v. Solomon, 54 111. 39; People v. Rice, 144 N. Y. 249; People v. Rochester, 76 N. Y. 294; 19 Ency. of Law (2 Ed.), 723 ; 26 Cyc.
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Appeal from. Greene Circuit Court. — Hon. G. W. Goad, Special Judge. (T) That mandamus judgment is conclusive only on application for an alias writ, or in compelling performance of mandate or in punishing for disobedience, see People v. Solomon, 54 111. 39; People v. Rice, 144 N. Y. 249; People v. Rochester, 76 N. Y. 294; 19 Ency. of Law (2 Ed.), 723 ; 26 Cyc. Law and Procedure, 485. (2) That the sale by relator before judgment abated the alternative writ, see State ex rel. v. Jasper Co., 93 Mo. 499; United States v. Boutwell, 17 Wall 604, 21 Law Ed. 721; U. S. v. Butterwortli, 169 U. S. 600,…
1Dissent
DISSENTING OPINION.
NIXON, P. J.
I am unable to concur in the majority opinion as to the finding that the fact as to the use of the shunt wire was concluded by the judgment in the mandamus case. As stated in the majority opinion, “Plaintiff offered in evidence the files and records in the mandamus proceeding, except the finding of facts of the trial court. The defendant offered the finding of facts, but they were excluded on the objection of the plaintiff. In the finding of facts the court found that plaintiff had knowingly diverted the current, hut with knowledge that the same had been done,…
2Cases cited8 opinions
- Lillis v. Emigrant Ditch Co.California Supreme Court · 1892
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- Cauhape v. . P., D. Co.New York Court of Appeals · 1890
- Ridgley v. StillwellSupreme Court of Missouri · 1858
- Child v. MorganSupreme Court of Minnesota · 1892
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