State Ex Rel. Witte Hardware Co. v. McElhinney

This is an original proceeding in mandamus wherein relator, Witte Hardware Company, the plaintiff in an action pending before respondent, Hon. ROBERT W. McELHINNEY, Judge of Division No. 4 of the Circuit Court of St. Louis County, seeks to have respondent ordered and directed by this court to enter final judgment in relator's favor in said action in conformity with the terms and directions of a peremptory instruction which, at the trial of the case, the court gave to the jury at the close of all the evidence, but which the jury refused to follow.

The action is one upon a promissory note for…