State ex rel. Hoffman v. Withrow
Supreme Court of Missouri
Mandamus. (1) Rule 31 of the St. Louis city circuit court is in conflict with section 2168, Revised Statutes, 1889, and is void. Brooks v. Boswell, 34Mo. 474; State ex rel. v. Smith, 44 Mo/112; Purcell v. Railroad, 50 Mo. 502; Colhoimv. Crawford, 50 Mo. 458; State v. Bryant, 55 Mo. 75; Ins. Co. v. Board, etc., 56 Mo. 583; Huff v. Shephard, 58 Mo. 240; State ex rel. v. Leivis, 71 Mo. 170; Maloney v. Hunt, 29 Mo.
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Mandamus. (1) Rule 31 of the St. Louis city circuit court is in conflict with section 2168, Revised Statutes, 1889, and is void. Brooks v. Boswell, 34Mo. 474; State ex rel. v. Smith, 44 Mo/112; Purcell v. Railroad, 50 Mo. 502; Colhoimv. Crawford, 50 Mo. 458; State v. Bryant, 55 Mo. 75; Ins. Co. v. Board, etc., 56 Mo. 583; Huff v. Shephard, 58 Mo. 240; State ex rel. v. Leivis, 71 Mo. 170; Maloney v. Hunt, 29 Mo. App. 379; State v. Gideon, 119 Mo. 94. (2) Rules of court when valid become rules of law and no discretion can be exercised in their application unless such discretion is authorized by…
1Opinion of the CourtBurgess, J.
On petition of plaintiff an alternative writ of mandamus was issued by this court to *378defendant Withrow as judge of the circuit court of the city of St. Louis,- commanding him to show cause why he should not sign a certain bill of exceptions in an action pending in the special term of the circuit court Over which he presides. .
The facts as stated by defendant, and which are admitted to be substantially correct by relator, are as follows:
“The substantial allegations of the alternative writ are to the effect that on the thirtieth day of October,. 1895, a 'cause was tried in respondent’s court…
2Cases cited6 opinions
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. WithrowSupreme Court of Missouri · 1896
- Krutz v. HowardIndiana Supreme Court · 1880
- Krutz v. GriffithIndiana Supreme Court · 1879
- State ex rel. Plummer v. GideonSupreme Court of Missouri · 1893
- State ex rel. Frank v. SmithSupreme Court of Missouri · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wade v. WadeMissouri Court of Appeals · 1965
- Hoelzel v. Kelly and DuffyMissouri Court of Appeals · 1927
- State Ex Rel. Paramount Progressive Order of Moose v. MillerMissouri Court of Appeals · 1925