State ex rel. Giovanoni v. Rombauer
Supreme Court of Missouri
Mandamus. (1) If a court of appeals decides a cause contrary to the last previous ruling of the supreme court on the subject, the supreme court has power by mandamus to compel the court of appeals to transfer the cause to this court, notwithstanding that no one of the judges of the court of appeals is of opinion that the judgment of the court of appeals conflicts with the prior'judgment of the supreme court.
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Mandamus. (1) If a court of appeals decides a cause contrary to the last previous ruling of the supreme court on the subject, the supreme court has power by mandamus to compel the court of appeals to transfer the cause to this court, notwithstanding that no one of the judges of the court of appeals is of opinion that the judgment of the court of appeals conflicts with the prior'judgment of the supreme court. (2) The judgment of the court of appeals in State v. Giovanoni, is in conflict with the prior decision of the supreme court in State v. Fitzgerald, 44 Mo. 425. The provision of the state…
1Opinion of the CourtBrace, J.
It appears from the return to the' alternative writ issued herein, that on the sixteenth day of November, 1893, one Henry Bruch instituted in the circuit court of the city of St. Louis a proceeding by information for a writ of quo warranto against the relator in which it was claimed that the relator was intruding himself into the position of member of the house of delegates of the city of St. Louis from the fifth ward of said city. Thereafter the venue of said action was changed to the circuit court of St. Louis county, and on the second day of January, 1894, a judgment of ouster against the…
2Cases cited3 opinions
- State ex rel. New York Life Insurance v. PhilipsSupreme Court of Missouri · 1888
- State ex rel. Third National Bank v. SmithSupreme Court of Missouri · 1891
- State ex rel. Turner v. FitzgeraldSupreme Court of Missouri · 1869
3Cited by3 opinions
- State ex rel. Gumperts v. HigginsMissouri Court of Appeals · 1900
- Smith v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- State ex rel. Gilman v. RobertsonSupreme Court of Missouri · 1915