Missouri Court of Appeals, 1901

Bastan v. Board of Trustees

Missouri Court of Appeals · Decided March 4, 1901 · Goode

88 Mo. App. 22; 1901 Mo. App. LEXIS 7

Cases that cite this one

3 later published cases cite this decision.

State ex rel. Ciaramitaro v. City of Charlack (Mo. Ct. App. 1984)
Baker v. St. Francis Levee District (Mo. Ct. App. 1980)
State Ex Rel. Brandon v. Hickey (Mo. Ct. App. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

GOODE, J.

This is an appeal from an order of the circuit court denying the appellant’s application for an alternative writ of mandamus against the respondents to compel them to direct the payment to her of a sum of money alleged to be due and owing to her from the Firemen’s Fund gs the widow of Matthew Buchanan, a deceased fireman. An appeal lies from a judgment awarding and refusing a peremptory mandamus. Lewis v. Price, 11 Mo. 398; State ex rel. v. Horner, 10 Mo. App. 307. The law in this State is that it will not lie from a judgment denying an alternative writ. Shrever v. Livingston, 9 Mo. 196; Ex parte Skaggs, 19 Mo. 339; State ex rel. v. Bowerman, 10 Mo. App. 576.

Persuasive authorities from other jurisdictions are cited *25announcing a different rule, but we are bound by what has been decided by the tribunal whose rulings we must follow. The appeál is dismissed.

All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.