176 Mo. App. 268 | Mo. Ct. App. | 1913
This is an original proceeding in this court asking a peremptory writ of mandamus to compel the defendant as clerk of the circuit court of Stoddard county to issue a pluries execution on a certain judgment rendered in that court on October 6, 1910, in favor of Charles D. Yancey, as plaintiff, against Louisa E. Graves, Elizabeth Graves and Alice Mohan, defendants, in -the sum of $858.66, said execution to be in favor of the relator, Henry A. Behrens, as assignee and owner of said judgment. A return to the preliminary writ has bee'll filed by defendant and relator moves for judgment on the pleadings. The defendant’s return sets up the facts connected with the rendition of said judgment in the circuit court substantially as the same will be found in the statement and opinion of the St. Louis Court of Appeals under the title of Chapman v. Yancey, 155 S. W. 1087, and such facts need not be repeated here. The defendant also pleads the decision and judgment of the St. Louis
It results, therefore, that the peremptory writ asked for is denied.