State ex rel. Evans & Howard Fire Brick Co. v. Lubke
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. This case grew out of' and is an incident to the next preceding one, and was. argued and submitted in connection with it.
Read the full summary
Appeal from St. Louis Court of Appeals. This case grew out of' and is an incident to the next preceding one, and was. argued and submitted in connection with it. The statement of facts contained in the opinion of the court in that case will serve for this, with the further statement, that at the time the defendants filed their motion in the St. Louis court of appeals to dismiss the appeal in that case, the relator herein, The Evans & Howard Fire Brick Company, filed in the same court an application for mandamus against George W. Lubke, judge of the circuit court of the city of St Louis, in…
1Opinion of the CourtSherwood, J.
The circuit court properly granted an appeal and supersedeas in the case of the St. Louis & San Francisco Railway Company, for the reasons given *339in that case. But wh.eth.er that appeal was properly granted or not, does not affect the disposition to be made oí this mandamus proceeding. Such a proceeding is not allowable where the party has a remedy by appeal or writ of error. Blecker v. St. Louis Law Com., 30 Mo. Ill.
The judgment of the court of appeals is, therefore, affirmed.
All concur.
2Cited by12 opinions
- State Ex Rel. Kelley v. MitchellSupreme Court of Missouri · 1980
- State ex rel. Herriford v. McKeeSupreme Court of Missouri · 1899
- State ex rel. Missouri Pacific Railroad v. SeayMissouri Court of Appeals · 1886
- State Ex Rel. Case v. SeehornSupreme Court of Missouri · 1920
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
7 more not listed; retrieve them via the Exa API.