Gardner v. Springfield Gas & Electric Co.
Missouri Court of Appeals
Appeal from. Greene Circuit Court. — Hon. G. W. Goad, Special Judge. (T) That mandamus judgment is conclusive only on application for an alias writ, or in compelling performance of mandate or in punishing for disobedience, see People v. Solomon, 54 111. 39; People v. Rice, 144 N. Y. 249; People v. Rochester, 76 N. Y. 294; 19 Ency. of Law (2 Ed.), 723 ; 26 Cyc.
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Appeal from. Greene Circuit Court. — Hon. G. W. Goad, Special Judge. (T) That mandamus judgment is conclusive only on application for an alias writ, or in compelling performance of mandate or in punishing for disobedience, see People v. Solomon, 54 111. 39; People v. Rice, 144 N. Y. 249; People v. Rochester, 76 N. Y. 294; 19 Ency. of Law (2 Ed.), 723 ; 26 Cyc. Law and Procedure, 485. (2) That the sale by relator before judgment abated the alternative writ, see State ex rel. v. Jasper Co., 93 Mo. 499; United States v. Boutwell, 17 Wall 604, 21 Law Ed. 721; U. S. v. Butterwortli, 169 U. S. 600,…
1Opinion of the CourtGray, J.
This case is in this court on appeal by the defendant from a judgment of the circuit court of Greene county.
In May, 1907, the plaintiff was conducting a moving picture show at 305 South street, in Springfield. The defendant at said time was and now is a corporation organized under the laws of this state, and operating an electric light and power plant in said city. In May, 1907, a contract was entered into between the plaintiff and the defendant, by the terms of which the defendant agreed to furnish plaintiff light and electric current necessary to operate his said picture show. The defendant…
2Cases cited11 opinions
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- State v. SearcySupreme Court of Missouri · 1892
- People Ex Rel. Aspinwall v. Supervisors of RichmondNew York Court of Appeals · 1863
- People Ex Rel. Goring v. President & Board of Trustees of Wappingers FallsNew York Court of Appeals · 1897
- Ward v. D. A. Morr Transfer & Storage Co.Missouri Court of Appeals · 1906
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3Cited by14 opinions
- Smith v. BerrymanSupreme Court of Missouri · 1917
- State Ex Rel. Aquamsi Land Co. v. HostetterSupreme Court of Missouri · 1935
- Heaney v. BD. OF TRUSTEES OF GARDEN VAL., ETC.Idaho Supreme Court · 1978
- Braine v. City of StroudSupreme Court of Oklahoma · 1963
- DeSalme v. Union Electric Light & Power Co.Missouri Court of Appeals · 1937
9 more not listed; retrieve them via the Exa API.