State ex rel. Priddy v. Gibson
Supreme Court of Missouri
Mandamus. (1) It was not only the duty of respondent to sign the hill of exceptions tendered him, if the same was found to be correct, but it was equally his duty, if he thought the same was in any way imperfect, to correct-it and then sign it. Page v. Clopton, 30 Gratt.' 415; City v. Ballard, 126 Cal. 677; Swartz v. Nash, 45 Kan. 341. Respondent could not refuse to sign the bill, and refuse also to permit it to be corrected after he had indicated wherein it was incorrect.
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Mandamus. (1) It was not only the duty of respondent to sign the hill of exceptions tendered him, if the same was found to be correct, but it was equally his duty, if he thought the same was in any way imperfect, to correct-it and then sign it. Page v. Clopton, 30 Gratt.' 415; City v. Ballard, 126 Cal. 677; Swartz v. Nash, 45 Kan. 341. Respondent could not refuse to sign the bill, and refuse also to permit it to be corrected after he had indicated wherein it was incorrect. Relators had the right, after respondent indicated wherein he thought the same imperfect, to correct all that was…
1Opinion of the CourtBrace, J.
This is an original proceeding in mandamus to require the respondent, one of the judges of the Jackson County, Circuit Court, presiding in division one of said court, to sign a bill of exceptions in *494the case of the relators against James Mackenzie, tried in said division of said court, and brought here by writ of error.
The questions to be decided arise upon a motion for a peremptory writ on the ground that the return is insufficient. The material facts upon which the discussion turns may be briefly stated as follows:
On the 26th of June, 1903, there was pending in the said division of said…
2Cases cited21 opinions
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Blount v. SprattSupreme Court of Missouri · 1892
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Lins v. LenhardtSupreme Court of Missouri · 1895
- Barrett v. DavisSupreme Court of Missouri · 1891
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3Cited by8 opinions
- Clegg v. United StatesCourt of Appeals for the Tenth Circuit · 1940
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- State ex rel. Springfield Traction Co. v. BroaddusSupreme Court of Missouri · 1907
3 more not listed; retrieve them via the Exa API.