State ex rel. South St. Joseph Town Co. v. Mosman
Missouri Court of Appeals
Original Proceeding in Mandamus. (1) Jurisdiction over the subject-matter is defined by all courts of last resort and law-writers to be “the power inherent in the court to hear and determine a given class of cases.” The jurisdiction of the court over the subject-matter is determined by the pleadings. Dowdy v. Wamble, 110 Mo. 280; Babb v. Bruere, 23 Mo.
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Original Proceeding in Mandamus. (1) Jurisdiction over the subject-matter is defined by all courts of last resort and law-writers to be “the power inherent in the court to hear and determine a given class of cases.” The jurisdiction of the court over the subject-matter is determined by the pleadings. Dowdy v. Wamble, 110 Mo. 280; Babb v. Bruere, 23 Mo. App. 604; State ex rel. v. Smith, 104 Mo. 419. (2) It was the duty of the circuit court on appeal to proceed to try the case de novo, without regard to any defects in the judgment. E. S. 1899, sec. 4071; Carroll v. Hancock, 57 Mr. App. 228;…
1Opinion of the CourtJohnson, J.
This is an original proceeding for a writ of mandamus to compel the respondent, a judge of the circuit court of Buchanan county, to reinstate upon his docket and to hear and determine a cause dismissed by him. An alternative writ was issued by one of the judges of this court and the case is before us upon the issues presented by this writ and respondent’s demurrer thereto.
The facts are as follows: On June 3, 1904, the relator brought an action against Charles Scott, as its tenant, for possession of the rented premises situated in the city of St. Joseph and to recover judgment for unpaid rent…
2Cases cited17 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Dowdy v. WambleSupreme Court of Missouri · 1892
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
- Williams v. MonroeSupreme Court of Missouri · 1894
- Olin v. ZeiglerMissouri Court of Appeals · 1891
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3Cited by11 opinions
- State Ex Rel. Sharp v. KnightMissouri Court of Appeals · 1930
- Leonard v. Security Building Co.Missouri Court of Appeals · 1913
- State Ex Rel. Duraflor Products Co. v. PearcySupreme Court of Missouri · 1930
- State Ex Rel. Howe v. HughesSupreme Court of Missouri · 1938
- Newman v. WeinsteinMissouri Court of Appeals · 1934
6 more not listed; retrieve them via the Exa API.