State ex rel. Meinhard v. Stratton
Supreme Court of Missouri
Mandamus. Relators are entitled to have plaintiffs’ motion in said cause disposed of without a revivor: (1) Because, after the court found the issues in favor of defendants,, they were entitled to judgment unless error had been, committed by the court, and the court should not allow the death of one of the plaintiffs, pending the time taken by the court for argument on their own motion, to prejudice the right of defendants to the fruits of their victory.
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Mandamus. Relators are entitled to have plaintiffs’ motion in said cause disposed of without a revivor: (1) Because, after the court found the issues in favor of defendants,, they were entitled to judgment unless error had been, committed by the court, and the court should not allow the death of one of the plaintiffs, pending the time taken by the court for argument on their own motion, to prejudice the right of defendants to the fruits of their victory. This was the rule ' at common law. 2 Tidd’s Practice, 845, p. 932, et seq.; 2 Dunlop’s Practice, 746; 1 Black on Judgments, sec. 128; Den v.…
1Opinion of the CourtBarclay, J.
This is an original application for mandamus to defendant, Hon. Daniel P. Stratton, as judge of the circuit court of Vernon county, to require him to proceed to hear and determine a certain motion for new trial, in the case of Jaffray and others v. Levy and others, pending in that court.
An alternative writ was issued by one of the judges of this court in vacation, against which defendant has interposed a demurrer.
Upon that demurrer the cause has been submitted by stipulation.
The tacts out of which the controversy arises are these:
In December, 1890, various firms, creditors of one Levy, united…
2Cases cited3 opinions
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
- Horner v. NicholsonSupreme Court of Missouri · 1874
- Murphy v. RedmondSupreme Court of Missouri · 1870
3Cited by4 opinions
- Schintz v. MorrisCourt of Appeals of Texas · 1896
- Lyon v. LyonMissouri Court of Appeals · 1929
- Crumrine v. StateCourt of Criminal Appeals of Texas · 1949
- State ex rel. Walbridge v. ValliantSupreme Court of Missouri · 1894