State ex rel. Journal Printing Co. v. Dreyer
Missouri Court of Appeals
Appeal from Hannibal Court of Common Pleas.—Eon. William I. Ragland, Judge. (1) Alternative writ must require respondent to do or show cause why he has not done so. It must be in the alternative or it is no alternative writ. 26 Cyc. 447; State ex rel. v. Board of Police Comrs., 108 Mo. App. 103; 2 Missouri Practice, Bacon, sec. 1041, p. 1155-56. Alternative writ can be no broader than petition.
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Appeal from Hannibal Court of Common Pleas.—Eon. William I. Ragland, Judge. (1) Alternative writ must require respondent to do or show cause why he has not done so. It must be in the alternative or it is no alternative writ. 26 Cyc. 447; State ex rel. v. Board of Police Comrs., 108 Mo. App. 103; 2 Missouri Practice, Bacon, sec. 1041, p. 1155-56. Alternative writ can be no broader than petition. People ex rel. v. Board of Supervisors Clark County, 84 N. E. 697, 234 HI. 62; 27 Cyc. 474. Where respondent has no power to perform the command, a writ will not go. Pligh on Ex. Legal Remedies (3…
1Opinion of the CourtAllen, J.
This is a mandamus proceeding instituted in the court of common pleas of the city of Hannibal. From a judgment awarding a peremptory writ in favor of relator, certain defendants have appealed to this court.
The relator is a corporation engaged in printing and publishing a daily newspaper in the city of Hannibal, known as the Hannibal Morning Journal, and in conducting a general printing business, in said city. The defendants are the mayor of said city, the twelve aldermen composing the city couucil thereof, and the Courier-Post Publishing Company, the latter also being a corporation engaged in…
Also in this document: Concurrence.
2Cases cited29 opinions
- State ex rel. Halliburton v. RoachSupreme Court of Missouri · 1910
- Pumphrey v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Colorado Pav. Co. v. MurphyCourt of Appeals for the Eighth Circuit · 1897
- Robbins v. Bangor Railway & Electric Co.Supreme Judicial Court of Maine · 1905
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
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3Cited by22 opinions
- Ross v. WilsonNew York Court of Appeals · 1955
- State Ex Rel. Johnson v. SevierSupreme Court of Missouri · 1936
- Sovereign Camp, Woodmen of the World v. PutnamCourt of Appeals of Texas · 1918
- Brown v. City of PhoenixArizona Supreme Court · 1954
- State Ex Rel. Kugler v. TillatsonSupreme Court of Missouri · 1958
17 more not listed; retrieve them via the Exa API.