State ex rel. Odell v. Johnson
Supreme Court of Missouri
Mandamus. (1) The cause was properly at issue when listed for jury trial. The answer of the defendant Metropolitan Street Railway Company was a general denial. The answer of the defendant Standard Oil Company under the authorities is a general denial and not a plea of contributory negligence. Johnson v. Traction Co., 176 Mo.
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Mandamus. (1) The cause was properly at issue when listed for jury trial. The answer of the defendant Metropolitan Street Railway Company was a general denial. The answer of the defendant Standard Oil Company under the authorities is a general denial and not a plea of contributory negligence. Johnson v. Traction Co., 176 Mo. App. 182; State ex rel. v. Rau, 93 Mo. 130; Jordan v. Buschmeyer, 97 Mo. 97; Watkinds v. Railroad, 38 Fed. 711; Benjamin v. Railroad, 245 Mo. 598. (2) Relatrix was entitled to have her cause of action assigned for jury trial in its regular numerical order when reached in…
1Opinion of the Court
OPINION.
I
BOND, J.
An original writ of mandamus was awarded by this court upon the relation of Ruby E. Odell, directed to the presiding judge of the circuit court of Jackson County sitting in the assignment division of that court by the authority of rule eighteen, adopted by the court, which imposed on him the duties of controlling the docket and assignment of causes. Our writ required said presiding judge to show cause why he should not make an immediate assignment and setting for trial of a certain suit pending in said court, brought by the relator against the Metropolitan Street Railroad…
2Cases cited7 opinions
- Ex parte PollardSupreme Court of Alabama · 1866
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- O. S. Richardson Fueling Co. v. SeymourIllinois Supreme Court · 1908
- Carpenter v. JonesCalifornia Supreme Court · 1898
- Jensen v. FrickeIllinois Supreme Court · 1890
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