State ex rel. Black v. Wilson
Missouri Court of Appeals
Original Proceeding in Mandamus. (1) Tlie test to be applied in determining the right to relief by mandamus is to inquire whether the party aggrieved has a clear, legal right, and whether he has any other adequate remedy, since the writ belongs only to those who have legal rights to enforce, who find themselves without an appropriate legal remedy.
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Original Proceeding in Mandamus. (1) Tlie test to be applied in determining the right to relief by mandamus is to inquire whether the party aggrieved has a clear, legal right, and whether he has any other adequate remedy, since the writ belongs only to those who have legal rights to enforce, who find themselves without an appropriate legal remedy. High on Extraordinary Legal Remedies (3 Ed.), sec. 10. (2) On the question as raised by this court as to the right of relators to maintain this action, we submit for the consideration by the court the following authorities as having some bearing…
1Opinion of the CourtNison, P. J.
(after stating the facts as above).— This is an action to enforce a right that the relators claim by virtue of section 2218, Revised Statutes 1909, concerning executions and what notices shall be given by the sheriff in cases of sales of real estate, which is, in part, as follows: “When real estate shall be taken in execution by an officer, it shall be his duty to expose the same to sale at the courthouse door, on some day during the term of the circuit court of the county where the same is situated, having previously given twenty days ’ notice of the time and place of sale, and what real…
2Cases cited6 opinions
- Louisville Home Telephone Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1908
- State ex rel. Craig v. DoughertySupreme Court of Missouri · 1870
- State ex rel. Rutledge v. St. Louis School BoardSupreme Court of Missouri · 1895
- Coffee v. RagsdaleSupreme Court of Georgia · 1901
- Braddy v. WhiteleySupreme Court of Georgia · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Johnson v. SevierSupreme Court of Missouri · 1936
- State Ex Rel. Kelley v. MitchellSupreme Court of Missouri · 1980
- La Mar Construction Co. v. Holt County, R-II School DistrictMissouri Court of Appeals · 1976
- State ex rel. Journal Printing Co. v. DreyerMissouri Court of Appeals · 1914
- State Ex Rel. Thompson v. JonesSupreme Court of Missouri · 1931
1 more not listed; retrieve them via the Exa API.