State ex rel. Walker v. Dillon

Missouri Court of Appeals

State ex rel. Walker v. Dillon

65 Mo. App. 197, 1896 Mo. App. LEXIS 176

CourtMissouri Court of Appeals

DecidedFebruary 4, 1896

StatusPublished

Cited by1 cases

This text of 65 Mo. App. 197 (State ex rel. Walker v. Dillon) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Walker v. Dillon, 65 Mo. App. 197, 1896 Mo. App. LEXIS 176 (Mo. Ct. App. 1896).

Pincite

Opinion

Bombauer, P. J.

The respondent demurs to the jurisdiction of the court, and we conclude that the demurrer is well taken.

The object of the writ is to compel the respondent to award a special venire for a jury to try a cause pending before him, in which the relators, as receivers of the St. Louis & San Francisco Bailway Company, are sued for damages by one Wm. Gruilkey. The damages in Gruilkey’s petition are laid at $20,000.

As the cause has never been tried, the amount stated in the petition is, prima facie, the amount in[198]*198volved. The jurisdiction of this court to entertain original remedial writs in any cause is, under the decision of the supreme court, to be determined by the ulterior inquiry, whether it would have appellate jurisdiction of the cause in which the remedial writ issued.

All the judges concurring, the demurrer is sustained and the writ is dismissed for want of jurisdiction.

Free access — add to your briefcase to read the full text and ask questions with AI