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The State ex rel. The Evans & Howard Fire Brick Company, Appellant, v. Lubke, Judge, et al.

Supreme Court of Missouri1884-10
85 Mo. 338

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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 in 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.