State Ex Rel. Goodloe v. Wurdeman
Supreme Court of Missouri
Mandamus. (1) Ordinarily an appeal is not open where the action of the conrt is purely negative. 2 Woerner’s Administration (2 Ed.), sec. 545. Mandamus is the only proper remedy where a “court refuses to proceed with a case, because the court was erroneously of opinion that it did not have jurisdiction. “A dismissal on the ground of the want of jurisdiction is not such an assumption of jurisdiction as to require its refusal by. appellate proceedings.”
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Mandamus. (1) Ordinarily an appeal is not open where the action of the conrt is purely negative. 2 Woerner’s Administration (2 Ed.), sec. 545. Mandamus is the only proper remedy where a “court refuses to proceed with a case, because the court was erroneously of opinion that it did not have jurisdiction. “A dismissal on the ground of the want of jurisdiction is not such an assumption of jurisdiction as to require its refusal by. appellate proceedings.” State ex rel. v. Shackelford, 263 Mo. '52; State ex rel. v. Homer, 249 Mo. 64; State ex rel. v. Me-Elhinney, 246 Mo. 56; State ex rel. v.…
1Opinion of the CourtWilliamson, J.
This is a proceeding by mandamus issuing out of this court against the respondent as Judge of Division Number Two of the Circuit Court of St. Louis County, whereby it is sought to require him in his official capacity to take jurisdiction of a certain matter heretofore pending in his court and to hear and determine it upon its merits.
The issuance of an alternative writ was waived and respondent entered his appearance and filed a demurrer to the petition. The cause is submitted upon the petition and demurrer.
The petition alleges that relators are sons and heirs at law of Emmeline Bent Goodloe;…
2Cases cited12 opinions
- State v. SmithSupreme Court of Missouri · 1911
- Doe Run Lead Co. v. MaynardSupreme Court of Missouri · 1920
- Coleman v. FarrarSupreme Court of Missouri · 1892
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
- Nolan v. JohnsSupreme Court of Missouri · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State Ex Rel. St. Louis Union Trust Co. v. SartoriusSupreme Court of Missouri · 1942
- O'Malley v. Continental Life InsuranceSupreme Court of Missouri · 1934
- State Ex Rel. Townsend v. Mueller.Supreme Court of Missouri · 1932
- Matter of WalkerMissouri Court of Appeals · 1994
- Cooper v. JensenMissouri Court of Appeals · 1969
19 more not listed; retrieve them via the Exa API.