State ex rel. Wattenbarger v. Lamb

This is an original proceeding in this court whereby relator seeks, through our writ of mandamus, to compel respondent, as judge of the circuit court of Sullivan county, Missouri, to obey the mandate of this court issued in the cause of Wattenbarger v. Payne, reported in 162 Mo. App. 434. An alternative writ was issued and return thereto has been made. Relator, concluding that the return presented no defense to the alternative writ, has filed a motion for judgment that the writ be made peremptory.

The immediate question before us arose on relator’s motion or suggestion in the circuit court to…