State ex rel. Albers v. Horner

This is a petition for mandamus to compel the respondent, who is a judge of the Circuit Court of the city of St. Louis, to enter judgment in a cause pending before him, in which the plaintiffs have, on a third trial, recovered a verdict for $3,500 damages. The grounds of the application are, that there have been three trials, in the first and last of which verdicts were rendered for the plaintiffs, the second having been a mistrial; that, notwithstanding this, the respondent, in disregard of section 3705 of the Eevised Statutes, has entered an order to the effect that, if the plaintiff will…