State ex rel. Huey v. Cape Girardeau Court of Common Pleas
Supreme Court of Missouri
Mandamus. It was the duty of the court below to proceed to a final disposition of the case. State v. Newkirk, 49 Mo. 474; Overall v. Bilis, 38 Mo. 209. No appeal or writ of errpr lies to an order to strike a cause from the docket. The remedy is by mandamus. Astor v. Chambers, 1 Mo. 192; Branciscus v. Martin, 9 Mo. 196.
1Opinion of the CourtSherwood, C. J.
The case of Catherine Huey against Grigg M. Huey, was determined by this court, and the judgments favor of the defendant reversed and the cause remanded. 65 Mo. 689. It appears now, that prior to that cause being submitted to this court, Catherine Huey had died, and that prior to her death she had conveyed her homestead in the land to Thos. M. Huey. No suggestion of the death of Catherine Huey was made in this court, but with that matter the lower court has no concern. Nor was any such suggestion made to the lower court, till after *561Thos. M. Huey was, on his own motion, substituted as party…
2Cases cited1 opinion
- Huey v. HueySupreme Court of Missouri · 1877
3Cited by13 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Raleigh v. First Judicial District CourtMontana Supreme Court · 1900
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
- Schintz v. MorrisCourt of Appeals of Texas · 1896
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