State ex rel. Frank v. Smith
Supreme Court of Missouri
Application for mandamus. Respondent, in his return, after setting forth the twelfth and sixteenth rules of court, proceeded as follows : “ And the respondent further shows that the appeal of the said Frank was not prayed for by him, as required by said rule numbered twelve, within five days after the rendition of the judgment overruling his motion for a rehearing on the 25th day of February, 1869; nor was his bill of exceptions presented within five days after said day to…
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Application for mandamus. Respondent, in his return, after setting forth the twelfth and sixteenth rules of court, proceeded as follows : “ And the respondent further shows that the appeal of the said Frank was not prayed for by him, as required by said rule numbered twelve, within five days after the rendition of the judgment overruling his motion for a rehearing on the 25th day of February, 1869; nor was his bill of exceptions presented within five days after said day to the attorney for the opposite party, although the said Frank did show cause why his time should be extended, and it…
1Opinion of the Court
Wagner, Judge,
delivered the opinión of the court.
The relator asks for a peremptory writ of mandamus against the respondent, who is one of the judges of the Circuit Court, to compel him to sign a bill of exceptions. The cause is submitted on a demurrer to the return, and the only question on which the judgment of this court is asked is -whether the rules of the said Circuit Court in prescribing the time within which the exceptions shall be made out and presented to the judge at special term for his signature, in order to take a case to the general term, are valid and binding. It is insisted by…
2Cited by5 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Kaeppler v. PollockNorth Dakota Supreme Court · 1898
- Wagner v. Edgington Coal Co.West Virginia Supreme Court · 1925
- State ex rel. Hoffman v. WithrowSupreme Court of Missouri · 1896
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. WithrowSupreme Court of Missouri · 1896