Legal Opinion

State ex rel. Scotland County v. Bacon

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 7 opinions

Mandamus. (1) Revised Statutes, 1889, section 2262, required that reasonable opportunity be given to agree on, or to elect, a special judge before the court can award a change of venue. T^acy v. Barrett, 75 Mo. 469, and other cases were decided before the amendment of 1889.

1Opinion of the CourtMacfarlane, J.

This is a proceeding by mandamus, to require respondent, as judge of the Hannibal court of common pleas, to proceed with the hearing and determination of a certain cause, now pending in said court, as is alleged by relator.

Respondent entered his voluntary appearance, waived the issuance of an alternative writ, and answered to the petition, as to the writ, which is to be taken as a return thereto.

The petition sets out, in substance, that at the-February term, 1891, there was pending in the circuit court of Scotland county a certain suit, in which the-state of Missouri, at the relation and to…

2Cases cited3 opinions

  1. Barnes v. McMullinsSupreme Court of Missouri · 1883
  2. Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
  3. Lacy v. BarrettSupreme Court of Missouri · 1882

3Cited by7 opinions

  1. Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
  2. Moler v. WhismanSupreme Court of Missouri · 1912
  3. State Ex Rel. Kansas City Public Service Co. v. WaltnerSupreme Court of Missouri · 1943
  4. State ex rel. Herriford v. McKeeSupreme Court of Missouri · 1899
  5. State Ex Rel. Dunlap v. HigbeeSupreme Court of Missouri · 1931

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