State ex rel. Bamberge v. Graves
Missouri Court of Appeals
Original Proceeding by Mandamus. (1) Mandamus is tbe proper and tbe only remedy. State ex rel. Wolff v. Yogel, 6 Mo. App. 526. Mandamus will lie to compel a circuit clerk to issue execution where be bas wrongfully refused to do so. Wolff y. Yogel, supra; State ex rel. y.
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Original Proceeding by Mandamus. (1) Mandamus is tbe proper and tbe only remedy. State ex rel. Wolff v. Yogel, 6 Mo. App. 526. Mandamus will lie to compel a circuit clerk to issue execution where be bas wrongfully refused to do so. Wolff y. Yogel, supra; State ex rel. y. Eenick, 157 Mo. 292. (2) Neither tbe court nor the clerk bad tbe power under tbe order issued at tbe December term on tbe 27th day of January, 1910, to approve any bond in said cause after tbe expiration of tbe December term. Tbe court cannot justify its actions in approving tbe bond in tbe cause at bar under section 816…
1Opinion of the CourtGoode, J.
This opinion is delivered on an application to this court for a writ of mandamus to re- , spondent, clerk of the circuit court of the city of St. Louis, directing him to issue an execution on a judgment recovered by relator, November 26, 1909, in Division No. 7, of said court, for the sum of $890.13, against the Supreme Tribe of Ben Hur, a corporation. The alternative writ was waived and the case submitted on a demurrer to the petition for said writ. The substance of the petition will appear from the recital of the facts of the controversy. After the rendition of the judgment a motion for new…
2Cases cited7 opinions
- American Brewing Co. v. TalbotSupreme Court of Missouri · 1896
- State ex rel. Duggan v. DillonSupreme Court of Missouri · 1888
- State ex rel. Heckel v. KleinSupreme Court of Missouri · 1897
- Julian v. RogersSupreme Court of Missouri · 1885
- Long v. DismerSupreme Court of Missouri · 1880
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3Cited by4 opinions
- Moreland v. VomilasSupreme Judicial Court of Maine · 1929
- State Ex Rel. Allison v. BufordSupreme Court of Missouri · 1935
- State Ex Rel. v. SchmollMissouri Court of Appeals · 1923
- State ex rel. Carbonetti v. ScmollMissouri Court of Appeals · 1923