State ex rel. Lamport v. Robinson
Supreme Court of Missouri
Mandamus. (1) The circuit court was without jurisdiction to finish the trial at the May, 1913, term. State v. Jeffors, 64 Mo. 376; 12 Cyc. 271; 12 Ency. PI. & Pr., p. 658; 24 Cyc. 263; Sec. 4015, R. S. 1909; Laws 1911, p. 174; Laws 1913, pp. 217-18; Rules of the Circuit Court, Jackson County, Mo. Sec. 3876, R. S. 1909, did not give the court and jury power to proceed with the trial. This statute was in force at the time of the decision in the Jeffors case, supra.
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Mandamus. (1) The circuit court was without jurisdiction to finish the trial at the May, 1913, term. State v. Jeffors, 64 Mo. 376; 12 Cyc. 271; 12 Ency. PI. & Pr., p. 658; 24 Cyc. 263; Sec. 4015, R. S. 1909; Laws 1911, p. 174; Laws 1913, pp. 217-18; Rules of the Circuit Court, Jackson County, Mo. Sec. 3876, R. S. 1909, did not give the court and jury power to proceed with the trial. This statute was in force at the time of the decision in the Jeffors case, supra. (2) The rules of the circuit court of Jackson county have the force and effect of law and when a mistrial occurred "by the…
1Opinion of the Court
BROWN, J.,
Mandamus to compel a division of the circuit court of Jackson County to return a case to the general docket of said court.
The facts upon which our alternative writ was issued in this case are as follows:
The respondent is the judge of division No. 9 of the circuit court of Jackson county, and in administering the duties of said office was governed by certain rules which had been theretofore adopted and promulgated by the several judges of the circuit court of said county sitting as a court in banc.
Rule 13 requires the clerk to place all cases on one general docket.
Rule 18 provides…
2Cases cited8 opinions
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- Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- State ex rel. Union Electric Light & Power Co. v. GrimmSupreme Court of Missouri · 1909
- State ex rel. Evans & Howard Fire Brick Co. v. LubkeSupreme Court of Missouri · 1884
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- State Ex Rel. Concrete & Steel Construction Co. v. Southern Surety Co.Missouri Court of Appeals · 1927