State ex rel. Guinan v. Jarrott
Supreme Court of Missouri
Mandamus. (1) The peremptory writ should issue, (a) Respondent was required! to sign the hill, if true. If refused because untrue, he was required to “certify thereon the cause of such refusal.” R. S. 1899, secs. 727, 729; State ex rel. v. Field, 37 Mo. App. 95. He did neither. He declined to sign it upon the ground, as he stated, that “the defendants object to the bill because it does not contain any of the evidence detailed at the trial.”
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Mandamus. (1) The peremptory writ should issue, (a) Respondent was required! to sign the hill, if true. If refused because untrue, he was required to “certify thereon the cause of such refusal.” R. S. 1899, secs. 727, 729; State ex rel. v. Field, 37 Mo. App. 95. He did neither. He declined to sign it upon the ground, as he stated, that “the defendants object to the bill because it does not contain any of the evidence detailed at the trial.” He did not then and does not now deny that it contained both findings of fact made by him, and that every recital contained! in it was and is true. The…
1Opinion of the CourtGantt, J.
This is an original proceeding in this court to obtain a peremptory writ of mandamus to Judge William L. Jarrott, the judge of the Seventeenth Judicial District of this State, directing and commanding him to sign a bill of exceptions tendered him by the relator, the plaintiff and appellant in the cause of Peter Guinan v. M. S. C. Donnell and Catherine E. and James L. Donnell, wherein a judgment was rendered by the circuit court of Johnson county whereof the respondent was and still is judge.
*210The alternative writ recites that in. 1896 M. S. 0. Donnell was the owner of certain lands in Jackson…
2Cases cited15 opinions
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Lins v. LenhardtSupreme Court of Missouri · 1895
- Barrett v. DavisSupreme Court of Missouri · 1891
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- Kleimann v. GieselmannSupreme Court of Missouri · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925
- State v. ShepardSupreme Court of Missouri · 1933
- Jones v. ThomasSupreme Court of Missouri · 1909
- Patterson v. PattersonSupreme Court of Missouri · 1906
14 more not listed; retrieve them via the Exa API.