State Ex Rel. Ferrocarriles Nacionales De Mexico v. Rutledge

This is an original proceeding in this court whereby upon petition of the relator, National Railways of Mexico, a preliminary rule in prohibition issued. Respondent, a Judge of the Circuit Court of the City of St. Louis, made return setting out cause why our preliminary rule should not be made absolute. Thereupon by stipulation and joint motion of the parties a special commissioner was appointed to take testimony on the issues made by the pleadings. The report and findings of the special commissioner having been filed the cause was submitted on briefs.

It is admitted by the pleadings that the…