State ex rel. Hoffman v. Withrow
Supreme Court of Missouri
Mandamus. (1) Rule 31 of the St. Louis city circuit court is in conflict with section 2168, Revised Statutes, 1889, and is void. Brooks v. Boswell, 34Mo. 474; State ex rel. v. Smith, 44 Mo/112; Purcell v. Railroad, 50 Mo. 502; Colhoimv. Crawford, 50 Mo. 458; State v. Bryant, 55 Mo. 75; Ins. Co. v. Board, etc., 56 Mo. 583; Huff v. Shephard, 58 Mo. 240; State ex rel. v. Leivis, 71 Mo. 170; Maloney v. Hunt, 29 Mo.
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Mandamus. (1) Rule 31 of the St. Louis city circuit court is in conflict with section 2168, Revised Statutes, 1889, and is void. Brooks v. Boswell, 34Mo. 474; State ex rel. v. Smith, 44 Mo/112; Purcell v. Railroad, 50 Mo. 502; Colhoimv. Crawford, 50 Mo. 458; State v. Bryant, 55 Mo. 75; Ins. Co. v. Board, etc., 56 Mo. 583; Huff v. Shephard, 58 Mo. 240; State ex rel. v. Leivis, 71 Mo. 170; Maloney v. Hunt, 29 Mo. App. 379; State v. Gideon, 119 Mo. 94. (2) Rules of court when valid become rules of law and no discretion can be exercised in their application unless such discretion is authorized by…
1DissentBarclay, J.
(dissenting). — It is my misfortune not to be able to unite in the judgment announced by my learned colleague.
Every circuit court in Missouri is not only empowered to regulate the course of practice so as to secure the due administration of justice, but it is made its duty “to prescribe rules that will procure uniformity, regularity and accuracy in the transaction of the business of the court.” R. S. 1889, section 3239.
All the trial courts of record are specially authorized, by many parts of the written law, to adopt rules fixing the time for pleadings of various kinds, when the time is not…
2Cases cited4 opinions
- Ex Parte Martha Bradstreet in the Matter of James Jackson Ex Dem. Martha Bradstreet v. Daniel ThomasSupreme Court of the United States · 1830
- Redman v. StateIndiana Supreme Court · 1867
- Smith v. StateSupreme Court of Florida · 1884
- People ex rel. City of Gilman v. BladesIllinois Supreme Court · 1882