State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. Klein
Supreme Court of Missouri
Mandamus. (1) By virtue of this alleged judgment we can never have execution to collect the sum due; nor will that amount ever draw interest by virtue of this alleged judgment; nor can the clerk ever index the same as a judgment by force of this alleged judgment; nor can a lien ever arise by virtue of it; but all of these essential attributes of a judgment given as a matter of right by the statutes are to arise by virtue of an order which may or may not be made in the…
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Mandamus. (1) By virtue of this alleged judgment we can never have execution to collect the sum due; nor will that amount ever draw interest by virtue of this alleged judgment; nor can the clerk ever index the same as a judgment by force of this alleged judgment; nor can a lien ever arise by virtue of it; but all of these essential attributes of a judgment given as a matter of right by the statutes are to arise by virtue of an order which may or may not be made in the future. Baker v. State, 3 Ark. 491; Burk v. Tailor, Mound & Go., 12 Cal. 408; Davidson v. Carroll, 23 La. Ann. 108; Canal…
1Opinion of the CourtMacfarlane, J.
This is an original proceeding by mandamus, the object of which is to require respondents, as judges of the St. Louis Circuit Court, to enter a final judgment in favor of relator and against William Q-. Clark in a certain condemnation proceeding by said relator against the said Clark, which had been heard and determined by said court.
An alternative writ of mandamus was issued and respondent Flitcraft, judge of division 2 of said circuit court, has made return thereto. Without copying the *506writ or return we will briefly state the facts as disclosed therein. In 1890 the relator, the St. Louis,…
2Cases cited5 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- St. Joseph Terminal Railroad v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- State ex rel. Dobbins v. SutterfieldSupreme Court of Missouri · 1873
- Strickler v. TracySupreme Court of Missouri · 1877
- Pratte v. Judge of Court of Common PleasSupreme Court of Missouri · 1848
3Cited by22 opinions
- Wilhoit v. WilhoitMissouri Court of Appeals · 1980
- Schneider v. PattonSupreme Court of Missouri · 1903
- Hagemann v. PinskaMissouri Court of Appeals · 1931
- G. Amsinck & Co. v. Springfield Grocer Co.Court of Appeals for the Eighth Circuit · 1925
- Williams v. WilliamsMissouri Court of Appeals · 1972
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