State ex rel. Carbonetti v. Scmoll

This is an original proceeding in this court whereby the relator seeks a peremptory writ of mandamus to compel, the respondent, clerk of the *51circuit court of the city of St. Louis, to issue an execution upon a judgment. Upon the filing by relator of the petition for the writ respondent waived the issuance of the alternative writ, consented that relator’s petition be taken as the alternative writ, and filed a demurrer thereto. From the petition for the writ the following facts appear, which are admitted by the demurrer to be true.

On October 4, 1922, during the October term of the circuit court…