State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. Withrow
Supreme Court of Missouri
Prohibition. Peremptory writ awarded. Application for prohibition against James E. Withrow, oñe of the judges of the circuit court of the city of St. Louis, on the ground that the Knapp-Stout &Co. Company had applied for a special jury in a certain condemnation proceeding wherein the said St. Louis, etc., Railway Company was plaintiff and the Knapp-Stout Company was defendant, and that the respondent judge had denied such application except in a manner as qualified by a rule…
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Prohibition. Peremptory writ awarded. Application for prohibition against James E. Withrow, oñe of the judges of the circuit court of the city of St. Louis, on the ground that the Knapp-Stout &Co. Company had applied for a special jury in a certain condemnation proceeding wherein the said St. Louis, etc., Railway Company was plaintiff and the Knapp-Stout Company was defendant, and that the respondent judge had denied such application except in a manner as qualified by a rule of court, which is claimed to be in violation of the statute in such cases made and provided. Both parties to the…
1DissentBarclay, J.
(dissenting). — My view of this case was given in an opinion filed in the first division. Notwithstanding what has since been written by my learned brother who has expressed the judgment of the court in banc, my conclusion remains, with due respect, as announced in the divisional proceedings. So my former opinion, together with the suggestions of the St. Louis circuit judges accompanying it, will be filed along with this for publication in the official report.
But some observations occur in the learned opinion in banc which lead me to add to my former comment on the case.
1. The final judgment…
2Cases cited14 opinions
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- State v. . WhitsonSupreme Court of North Carolina · 1892
- Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
- Fine v. St. Louis Public SchoolsSupreme Court of Missouri · 1860
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