State Ex Rel. Tuemler v. Goldstein

This is an original proceeding by mandamus, brought by relator to compel the respondent, as circuit clerk of the city of St. Louis, to pay over to relator the sum of $900 held by said clerk under a bill of interpleader. The issuance of an alternative writ has been waived,' and it has been agreed that the petition filed herein should be regarded for all purposes as the alternative writ. To this petition respondent has interposed a general demurrer, so that the case is before us upon an issue of law.

The facts are, briefly, these: The Mutual Life Insurance Company of New York on July 8, 1920,…