State ex rel. Rowan v. Cape Girardeau Water Works & Electric Light Co.
Missouri Court of Appeals
Appeal from the Gape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. “The general denial tendered an issue of fact which the court was not authorized to consider and dispose of on demurrer as if it were an issue of law. ” State ex rel. v. Rogers, 79 Mo. 283; State ex rel. v. Moss, 35 Mo.
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Appeal from the Gape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. “The general denial tendered an issue of fact which the court was not authorized to consider and dispose of on demurrer as if it were an issue of law. ” State ex rel. v. Rogers, 79 Mo. 283; State ex rel. v. Moss, 35 Mo. App. 441. When the respondent desires, in his return, to traverse the suggestion or supposal of the alternative writ, the general rule is that he should follow the suggestion itself, and if he pursues this in terms substantially as alleged, the traverse will ordinarily be deemed sufficient. It is,…
1Opinion of the CourtBond, J.
— The relator is a barber in the city of Cape Girardeau, conducting his business in the St. Charles Hotel, where he provides three barber chairs and two bathrooms for the accommodation of his customers. On the sixteenth of August, 1897, he applied to the circuit court of Cape Girardeau county for a mandamus against defendant, alleging in substance that defendant was the successor of Adolph W. Gilbert, to whom, and his associates, successors or assigns, the City of Cape Girardeau had granted the privilege of providing a system of waterworks through its streets and alleys for the use of its…
2Cases cited3 opinions
- State ex rel. Gallagher v. BrownMissouri Court of Appeals · 1894
- State ex rel. Davis v. RogersSupreme Court of Missouri · 1883
- Greene County ex rel. Baker v. WilhiteMissouri Court of Appeals · 1889
3Cited by1 opinion
- International Harvester Co. of America v. CampbellCourt of Appeals of Texas · 1906