State Ex Rel. Fielder v. Kirkwood

This is an original action of mandamus to order the Presiding Judge of the Circuit Court for the City of St. Louis to set aside an order of dismissal as to one of two parties defendant and to reinstate the case so that it may proceed on its merits against both defendants.

The ultimate question for decision is whether the commerce clause of the United States Constitution may be considered as a defense to tbe issue of the availability of attachment and garnishment under our State laws against a non-resident interstate railroad.

The relator is the plaintiff in the case, a suit for $20,000 damages…