Legal Opinion · Dissent

Baltimore & Ohio Railroad v. Mosele

Illinois Supreme Court

Decided June 1, 1977No. 48876Published

1DissentJustice Dooley

Here the majority would grant this court’s extraordinary writ of mandamus to transfer these actions to one of the 19 counties in which petitioner admits it is doing business. Amongst these is St. Clair County, the seat of which is Belleville, less than 15 miles from Edwardsville, the seat of Madison County. This is not a forum non conveniens situation, but a matter of venue only. In our opinion it would be plain error to grant this writ.

The considerations which we shall discuss in detail are these:(1) Mandamus is not a proper vehicle for the relief sought. It cannot be employed as an…

2Cases cited33 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. McGee v. International Life InsuranceSupreme Court of the United States · 1957
  3. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  4. Urie v. ThompsonSupreme Court of the United States · 1949
  5. Lavender v. KurnSupreme Court of the United States · 1946

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