State ex rel. Brainard v. Adams
Missouri Court of Appeals
Application for a writ of mandamus. The circuit court has no power to set aside a verdict of its own motion. — Eev. Stats., sects. 3557, 3633, 3703, 3704 ; Battling v. Jamison, 44 Mo. 141; The State ex rel. v. Rombauer, 44 Mo. 595 ; Williams v. Court, 5 Mo. 248 ; Lloyd v. Bvinck, 35 Texas, 1. Mandamus is the proper remedy. —j2i7i v. Wilkins, 4 Mo. 86 ; Pratte v. Cabanne, 12 Mo. 194; Boyce v. Smith, 16 Mo. 317; Tile State ex rel v. Horner, 9 Mo. App. 307 ; Leaheyv.
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Application for a writ of mandamus. The circuit court has no power to set aside a verdict of its own motion. — Eev. Stats., sects. 3557, 3633, 3703, 3704 ; Battling v. Jamison, 44 Mo. 141; The State ex rel. v. Rombauer, 44 Mo. 595 ; Williams v. Court, 5 Mo. 248 ; Lloyd v. Bvinck, 35 Texas, 1. Mandamus is the proper remedy. —j2i7i v. Wilkins, 4 Mo. 86 ; Pratte v. Cabanne, 12 Mo. 194; Boyce v. Smith, 16 Mo. 317; Tile State ex rel v. Horner, 9 Mo. App. 307 ; Leaheyv. Dugdale, 41 Mo. 517. The relator must show a right to the specific thing asked or commanded, and that must be due of the…
1Opinion of the CourtLewis, P. J.
This is a proceeding by mandamus for the purpose of *438compelling the St. Louis Circuit Court to enter judgment in pursuance of the verdict rendered by a jury in the case of Patier v. Brainard. It appears that, when the verdict was brought in by the jury, the court ordered it to be entered of record, and then, without any application or motion from either party, and upon its own motion, the court set aside the verdict and ordered a new trial. By a stipulation between the parties, this cause is to be here disposed of, as upon a motion to quash the alternative writ of mandamus. The question for…
2Cases cited9 opinions
- Lloyd v. BrinckTexas Supreme Court · 1872
- Boyce's Administrator v. Smith's AdministratorSupreme Court of Missouri · 1852
- Williams v. Circuit Court of St. Louis countySupreme Court of Missouri · 1838
- Hill v. WilkinsSupreme Court of Missouri · 1835
- Leahey v. DugdaleSupreme Court of Missouri · 1867
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3Cited by2 opinions
- State v. HarperSupreme Court of Missouri · 1945
- State ex rel. Lloyd v. ClaytonMissouri Court of Appeals · 1889