State ex rel. Prall v. District Court
Supreme Court of Minnesota
Upon the relation of William C. Prall this court issued an order directing the district court for Waseca county and Arthur P. Childress, judge of that court, to show cause why a peremptory writ of mandamus should not issue requiring the court to proceed with the. trial of the action mentioned in the opinion.
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Upon the relation of William C. Prall this court issued an order directing the district court for Waseca county and Arthur P. Childress, judge of that court, to show cause why a peremptory writ of mandamus should not issue requiring the court to proceed with the. trial of the action mentioned in the opinion. A demurrer to the petition was overruled, with leave to raise the objection that mandamus was not the proper remedy with like effect as if no ruling had been made on the demurrer. The return set up the facts stated in the opinion.
1Opinion of the Court
Dibell, C.
This is an original application in this court for a writ of per'emptory mandamus to compel the district court of Waseca county to proceed with the trial of an action brought by the relator William O. Prall against the Chicago & North Western Kail way Co. The action is for personal injuries. It is based upon the Federal Employer’s Liability Act. The district court has jurisdiction of the subject-matter and personal jurisdiction of the defendant. The case came on for trial at Waseca on March 27, 1914. A jury was impanelled. The defendant moved the court to decline jurisdiction. The…
2Cases cited9 opinions
- Chambers v. Baltimore & Ohio RailroadSupreme Court of the United States · 1907
- Golden Gate Tile Co. v. Superior Court, in & for City of S.F.California Supreme Court · 1911
- State ex rel. Minneapolis Threshing-Machine Co. v. District CourtSupreme Court of Minnesota · 1899
- State ex rel. Hansen v. HartUtah Supreme Court · 1903
- State ex rel. Attorney General v. District Court of Fourth Judicial DistrictNorth Dakota Supreme Court · 1904
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3Cited by22 opinions
- Johnson v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1954
- State ex rel. Bossung v. District Court of Hennepin CountySupreme Court of Minnesota · 1918
- Erving v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1927
- State ex rel. Early v. WunderlichSupreme Court of Minnesota · 1920
- Boright v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1930
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