State ex rel. Wabash Railroad v. Ryan
Missouri Court of Appeals
Original Proceeding for Writ of Mandamus. Statement. — This is an original proceeding instituted by the Wabash Railroad Company to obtain a writ of mandamus directed to the Hon. O’Neill Ryan, Judge of the circuit court of the city of St. Louis, commanding him to file and allow a bill of exceptions in a case wherein the Diamond Match Company is plaintiff and said railroad company defendant.
Read the full summary
Original Proceeding for Writ of Mandamus. Statement. — This is an original proceeding instituted by the Wabash Railroad Company to obtain a writ of mandamus directed to the Hon. O’Neill Ryan, Judge of the circuit court of the city of St. Louis, commanding him to file and allow a bill of exceptions in a case wherein the Diamond Match Company is plaintiff and said railroad company defendant. On Judge Ryan’s refusal to sign the bill of exceptions, it was signed by bystanders, but the judge would not permit it to be filed as part of the record. No question was made against the veracity of the…
1Opinion of the CourtGoode, J.
(after stating the facts). — None of the , allegations of fact contained in the return of the honorable circuit judge to the writ of mandamus has been traversed, and we shall accept them all as true. An appeal of the case of the Diamond Match Company against the Wabash Railroad Company was taken March 10, 1905, during the February term of that year. There is no record entry showing that the railroad company was granted time beyond that term to present and file a bill of exceptions; and it is on this fact principally, that the court refused the two bills of exceptions tendered by it and…
2Cases cited11 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- McIntyre v. PeopleIllinois Supreme Court · 1865
- Logan v. . HarrisSupreme Court of North Carolina · 1884
- Dale v. CoppleSupreme Court of Missouri · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Moss v. Kansas City Life Ins. Co.Court of Appeals for the Eighth Circuit · 1938
- Diamond Match Co. v. Wabash RailroadMissouri Court of Appeals · 1906