State ex rel. Lawrence v. McGann
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Thos. A. Russell, Judge (1) Mandamus will not lie for the reason that relators have, under the statute (R. S., sees. 2520-2523), a remedy which is plain, speedy and adequate, furnishing, as it does, redress for the precise injury complained of herein. Byrne v. Harbison, 1 Mo. 160; Williams v. Judge, 27 Mo. 225; Mansfield v. Phillips, 50 Mo. 338; State ex rel. v. Marshall, 82 Mo. 484; State ex rel. v. Taffe, 25 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Thos. A. Russell, Judge (1) Mandamus will not lie for the reason that relators have, under the statute (R. S., sees. 2520-2523), a remedy which is plain, speedy and adequate, furnishing, as it does, redress for the precise injury complained of herein. Byrne v. Harbison, 1 Mo. 160; Williams v. Judge, 27 Mo. 225; Mansfield v. Phillips, 50 Mo. 338; State ex rel. v. Marshall, 82 Mo. 484; State ex rel. v. Taffe, 25 Mo. App. 567; State ex rel. v. McCracken, 60 Mo. App. 650; 14 Am. and Eng. Encyclopedia of Law, p. 101, sec. 4; Spelling on…
1Opinion of the CourtRombauer, P. J.
The action is mandamus. All the relators claim to have been legally elected as directors of a telegraph corporation, organized under the laws of this state, at an election where the defendants served as inspectors to canvass the vote. There is no controversy touching the qualification of any of the persons voted for at said election, nor is there any controversy touching the legality of the election in other respects than those hereinafter stated. The nature of the controversy is best shown by the pleadings.
The alternative writ states that the votes cast at said election showed the following…
2Cases cited3 opinions
- West v. McMullenSupreme Court of Missouri · 1892
- State ex rel. Metcalf v. GarescheSupreme Court of Missouri · 1877
- State ex rel. Broadhead v. BergSupreme Court of Missouri · 1882
3Cited by4 opinions
- Young v. JebbettAppellate Division of the Supreme Court of the State of New York · 1925
- State ex rel. Frank v. SwangerSupreme Court of Missouri · 1905
- Gregg v. Granby Mining & Smelting Co.Supreme Court of Missouri · 1901
- State ex rel. Rainwater v. RossMissouri Court of Appeals · 1912