Franciscus v. Martin

This was a proceeding, on a motion and rule, made on the appellee, Martin, to show cause why a judgment obtained by him in the St. Louis court of common pleas, and the proceedings thereon, should not be set aside, for reasons filed. The order of the court disposing of this proceeding, is in these words: “And forasmuch as the court cannot take cognizance of the rule herein, it is ordered that the said rule be discharged, and the motion therefor be dismissed out of court.” We are rather inclined to the opinion, this is a proper case for a mandamus, but as the appellee is not disposed to press…