State ex rel. Evans & Howard Fire Brick Co. v. Lubke

Supreme Court of Missouri

State ex rel. Evans & Howard Fire Brick Co. v. Lubke

85 Mo. 338

CourtSupreme Court of Missouri

DecidedOctober 15, 1884

StatusPublished

Cited by12 cases

This text of 85 Mo. 338 (State ex rel. Evans & Howard Fire Brick Co. v. Lubke) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Evans & Howard Fire Brick Co. v. Lubke, 85 Mo. 338 (Mo. 1884).

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Opinion

Sherwood, J.

The circuit court properly granted an appeal and supersedeas in the case of the St. Louis & San Francisco Railway Company, for the reasons given [339]*339in that case. But wh.eth.er that appeal was properly granted or not, does not affect the disposition to be made oí this mandamus proceeding. Such a proceeding is not allowable where the party has a remedy by appeal or writ of error. Blecker v. St. Louis Law Com., 30 Mo. Ill.

The judgment of the court of appeals is, therefore, affirmed.

All concur.

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Sherwood, J.

The circuit court properly granted an appeal and supersedeas in the case of the St. Louis & San Francisco Railway Company, for the reasons given [339]*339in that case. But wh.eth.er that appeal was properly granted or not, does not affect the disposition to be made oí this mandamus proceeding. Such a proceeding is not allowable where the party has a remedy by appeal or writ of error. Blecker v. St. Louis Law Com., 30 Mo. Ill.

The judgment of the court of appeals is, therefore, affirmed.

All concur.

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Bluebook (online)

85 Mo. 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-evans-howard-fire-brick-co-v-lubke-mo-1884.

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