Supreme Court of Missouri, 1884

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

Supreme Court of Missouri · Decided October 15, 1884 · Sherwood

85 Mo. 338

Cases that cite this one

7 later published cases cite this decision.

State Ex Rel. Kelley v. Mitchell (Mo. 1980)
Michigan Public Utilities Commission v. Michigan State Telephone Co. (Mich. 1924)
State ex rel. Wattenbarger v. Lamb (Mo. Ct. App. 1913)
State ex rel. Hilleman v. Fort (Mo. 1904)
State ex rel. Herriford v. McKee (Mo. 1899)
State ex rel. Missouri Pacific Railroad v. Seay (Mo. Ct. App. 1886)
State ex rel. Phelan v. Engelmann (Mo. 1885)

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

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 *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.

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